Muggridge v. State Highway Department

Nichols, Justice.

In view of the stipulated facts and undisputed evidence, in order for the claimants to recover, a finding must have been authorized that the State Highway Department had abandoned the area covered by the encroachment.

Whether the conveyance from Stevens to the State Highway Board was a deed granting fee simple title or was merely the grant of an easement is immaterial to a decision of the case sub judice. In either event the construction and maintenance of a roadway running the distance of the strip of land, but not extending the full width of the conveyed strip of land would…