State Ex Rel. State Highway Commission v. Jacobs

JAMES D. CLEMENS, Special Judge.

Suit to set aside a right-of-way deed, and for compensation for easement now held by State Highway Department.

The plaintiff-respondent (the Commission) obtained a 'right-of-way deed from the intervening defendants-appellants (Lit-ties) in July of 1949, paying them $1. Two months later the Commission brought condemnation proceedings covering numerous parcels. For reasons not clear to us, the Commission included in its petition as Parcel 25.10 the land now in question and claimed title thereto by quitclaim deed. But, the Littles were not made parties. In due…