CHAPTER 317

FORMERLY

SENATE BILL NO. 383

AN ACT TO RATIFY AND CONFIRM THE TITLE OF EDWARD G. DAVIS AND ELIZABETH DAVIS, AND HENRY CLAY DAVIS, III, AND LESLIE ANN DAVIS TO CERTAIN LAND AND TO AUTHORIZE THE SECRETARY OF STATE TO EXECUTE A DEED THEREFOR.

WHEREAS, in the year 1913 Henry Clay Davis and Curtis E. Davis, his brother, became seized and lawfully possessed a certain 32 acre parcel of real estate, known as the Furbush Tract by means of bargain and sale from one James Furbush, the deed for which was not recorded and is not available ; and

WHEREAS, Henry Clay Davis, his heirs and decendants have paid the County taxes on the 32 acres, evidence of which is recorded in the Sussex County Tax Records; and

WHEREAS, in 1933 Henry Clay Davis and Curtis E. Davis, after consulting J. M. Tunnell, Esquire, caused the timber on the 32 acres to be cut, which fact is attested by the deposition of Frank Nichols who helped in the cutting and by entries in the business ledger and diary of Henry Clay Davis; and

WHEREAS, the heirs and descendants of Henry Clay Davis, and they alone, have exercised open, exclusive and adverse use and possession of the 32 acres since 1935 by the following acts:

(1) Hunting and trapping on the property.

(2) Granting of exclusive permission to trap on the property for the year 1948 to Mr. Bailey of Broadcreek by Henry C. Davis, Jr., son of Henry Clay Davis, which act was witnessed by Henry Clay Davis, III.

(3) The building of a road and culvert on the land.

(4) The erection of buildings, the foundation of a house, and the driving of a pump.

(5) The establishment of a logging road and cutting of timber.

(6) The establishment of a pier used for commercial fishing.

(7) The building of brick fire places and pits.

(8) Posting of no trespassing signs and the establishment of road blocks on the property.

(9) The exclusion of woodcutters who were hired by the Henry Estate from the property.

(10) The burial of Henry C. Davis, Jr., on the premises.

WHEREAS, the State of Delaware to and for the use of The Board of Game and Fish Commissioners purchased approximately 700 acres of real estate from Ruth L. Henry by deed recorded June 23, 1969, and recorded in the Office of the Recorder of Deeds in and for Sussex County at Book 643, Page 552, by which purchase, the successor of the Board of Game and Fish, The Department of Natural Resources and Environmental Control claims to encompass the aforesaid Furbush Tract; and

WHEREAS, any claim to the Furbush Tract by Ruth L. Henry or her grantors was lost by the adverse possession of the Davis Family before 1969, no title could pass to the State of Delaware; and

WHEREAS, the heirs of Henry Clay Davis conveyed all interests in the Furbush Tract by deed to one John Elliott, who conveyed it to Edward Grant Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife; and

WHEREAS , the property is described as follows:

BEGINNING at a stump, being that stump described by Frank Nichols in his deposition taken May 11, 1972 as number 5, thence running South 10.25 degrees East, 48.7 perches to a cedar stake and atone; thence South 80.50 degrees West, 28.2 perches to some white oak sprouts ; turning North 76 degrees West, a distance of 7 perches to a cedar stake ; thence North 20 degrees West, 37 perches to where there was once a stone marker and containing the same course a distance of 800 feet to the Laurel River, formerly Broad Creek, which river is the northern boundary of the parcel. Beginning again at the stump and place of beginning, the boundary runs North 70 degrees East, 1,200 feet to a stump, running thence due North a distance of 450 feet to the Laurel River and northern boundary of the parcel and containing 32 acres, more or less.

WHEREAS, the boundaries of the property have been verified as near as is reasonably possible, by a deponent who helped cut the timber in 1933, walked the lines in 1972 and who has indicated same by sworn statements and his marks on a sketch attached to his deposition; and

WHEREAS, it is now desired to ratify and confirm against the State of Delaware, the title of said Edward Grant Davis, et. ux., and Henry Clay Davis, III, et. ux., in and to said described lands mid premises; and

WHEREAS, it would be an injustice for the State of Delaware to claim the premises now in the possession of Edward G. Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife.

NOW THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 1. That the title of said Edward Grant Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife, as against the State of Delaware, is hereby ratified and confirmed, and that the Secretary of State of the State of Delaware be and he is hereby authorized and directed to execute, under his hand and the seal of his office, and deliver to said Edward Grant Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife, a deed of conveyance in usual form, conveying to said Edward Grant Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife, their successors and assigns, in fee simple, all the right, title and interest of any kind of the State of Delaware in and to said described lands and premises, which deed when so executed, sealed and delivered shall vest Edward Grant Davis and Elizabeth Davis, his wife, and Henry Clay Davis, III, and Leslie Ann Davis, his wife, their successors and assigns, in fee simple, all such right, title and interest of the State of Delaware in and to said described lands and premises.

Section 2. This Act shall be deemed and taken to be a Public Act.

Approved May 14, 1974.