Fulton v. Town of Dover
Supreme Court of Delaware
Cross Appeals from a decree of the Chancellor sitting in and for Kent County, rendered in an action brought to restrain the opening of a public street across complainant’s land, making perpetual a preliminary injunction as to the sections of the proposed road across a portion of the land and dissolving it as to the section across another portion. Reversed, in part.
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Cross Appeals from a decree of the Chancellor sitting in and for Kent County, rendered in an action brought to restrain the opening of a public street across complainant’s land, making perpetual a preliminary injunction as to the sections of the proposed road across a portion of the land and dissolving it as to the section across another portion. Reversed, in part. J. Alexander Fulton was the owner of a tract of land containing about forty or fifty acres, bounded on north by Clara street, on east by Governor’s avenue and an alley, on the south by Cecil street, and on the west by the Delaware…
1Opinion of the Court
Saulsbury, Chancellor,
delivered the following opinion :
In 1879, J. Alexander Fulton, the complainant, being the owner of a tract of land adjoining the town of Dover and immediately north and west thereof, caused the same to be surveyed as an *81addition thereto. He caused the map of the same to be made and recorded in the Recorder’s office of Kent County, in which streets and alleys, running, north and south, east and west, are described and located. Of these streets, Division, Fulton, Cecil, Mary and - Clara, are described as extending from State street to the Delaware Railroad and beyond, and…
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