Grubb v. Commonwealth

Dannehower, J.,

The exceptions to the report of the jury of view raise two questions :

1. Is a deed of release and quitclaim for damages for the appropriation of land for highway purposes in favor of the Commonwealth voidable by the landowner on the grounds of mutual mistake and misrepresentation, where the preexisting right of way was represented to be 60 feet in width and there was no taking, when in fact it was only 50 feet in width and there was an appropriation of land with consequential damages?

2. If said deed of release and quitclaim is voidable, can its invalidity properly be asserted…