Wilmington Housing Authority v. Nos. 401, 403, 405 East Seventh Street

Carey, Justice.

Appellant filed a condemnation proceeding in Superior Court on August 29, 1959 against three properties *596owned by appellees. In May 1961, appellant moved for immediate possession and deposited in Court the sum of $32,000 pursuant to T. 10 Del. C. § 6110. The motion was granted shortly thereafter giving the condemnor the right to take possession on July 17, 1961. Although the statute permits the Court, on application of any party in interest, to pay the deposit to the owners, no such application was filed prior to trial. The record contains nothing to indicate the existence of…