Dade City v. Simpson

McNULTY, Acting Chief Judge.

In this inverse condemnation suit, appel-lee Mrs. Simpson seeks compensation for a road “taken” by the city for public use. From an adverse judgment after a non-jury trial the city appeals.

Appellee acquired title by deed to the land through which the subject road passes; but the deed expressly excluded “all roads and streets” from the description of the lands otherwise conveyed thereby., It’s undisputed at this juncture that at the time of the aforesaid conveyance the “road” involved herein was being used by the public for ordinary purposes of travel, although no…