Eager v. State Highway Commissioner

Plaintiffs brought ejectment in circuit court to recover possession from the State highway commissioner of a strip of land approximately 9 feet wide, and for damages.. Plaintiffs said it was a part of their land adjacent to a highway to the south of it. Defendant said it was a part of the highway. The trial court found for plaintiffs as to title, free from easement, reserving for future determination, however, plaintiffs’ claim for damages or compensation for use of the premises. Defendant appeals.

From 1849 to 1884, a married woman, Ann E. Fitzhugh, owned the land in question. Plaintiffs…