Herr v. Board of Education

The opinion of the court was delivered by.

Swayze, J.

The board of education of Newark sought to condemn lands formerly owned by Paul Buchanan, and devised by- him to his wife for life, with remainder to his daughter, subject to a ¡lower of sale in his executors. It made parties to the proceedings the defendants in error who were owners of land in the vicinity of the tract sought to be condemned, and it alleged that they might have a claim against the property by reason of restrictive covenants. The commissioners made an award to the executors of Buchanan, and awarded nothing to the defendants…