Commonwealth ex rel. State Highway Commission v. Kinzie

The Commonwealth of Virginia, in this case is seeking to reclaim, for public highway use, and to clear of encroachments a strip of land sixty feet in width, passing through appellees’ lands in Botetourt county, Virginia.

This strip of land was acquired in 1849 or 1850 by the Board of Public Works, as president and directors of Southwestern Turnpike Road, the right to which has devolved in legal succession to the State. The acquisition and devolution of title is not brought in question by the appellees. A number of defenses were interposed during the course of the trial in the court below, but,…