Long Point Road

5 Del. 152

• Court: Superior Court of Delaware
• Decided: July 5, 1849
• Status: Published

Opinion

The Court.

The construction usually given to the act of assembly, in reference to the interests of a person in a new road, has been, that it must be confined to an interest in the land through which the road runs or which it touches. A remote interest, such as that of the occupant or owner of a tavern, that might be affected by the new road, is not such an interest as is contemplated. It may be otherwise in the case of vacating or changing an old road. But in case of a new road, in regard to the persons returned as having an interest, it might operate unjustly to confine the "parties to the finding of the return; and if a party not named in the return will make an affidavit and support it by competent evidence, that he is the owner or possessor of any part of the land through or along which the road runs, he will be entitled to a review.