State Ex Rel. State Highway Department v. Phillips

DUFFY, Chancellor:

This action involves claims to title of certain ocean-fronting property south of Rehoboth in Sussex County. This is the decision on defendants’ motion for summary judgment. 1

A

Emmons B. and Mae T. Phillips (husband and wife) and Blaine T. and Janet Cozart Phillips (husband and wife), defendants, claim title and the right to possess some thirteen acres which front on the Atlantic Ocean. Defendants allege that they and their predecessors in title have been, under claim of right, in exclusive possession of the property since 1896 and they say that some or all of them have…