BARNES v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 389.

109 S.E.2d 219 (1959)

250 N.C. 378

Mary L. BARNES and husband, J. T. Barnes, Jr., Virginia L. Irvin and husband, George L. Irvin, Jr., Barbara L. Hanes and husband, Frank B. Hanes, and Wachovia Bank and Trust Company, Trustee under the Will of Nancy L. Lasater, Petitioners, v. NORTH CAROLINA STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

Vaughn, Hudson, Ferrell & Carter, R. M. Stockton, Jr., and Norwood Robinson, Winston-Salem, for petitioners-appellants.

Malcolm B. Seawell, Atty. Gen., Kenneth F. Wooten, Jr., Asst. Atty. Gen., H. Horton Rountree, Raleigh, and Womble, Carlyle, Sandridge & Rice, Winston-Salem, for respondent-appellee.


MOORE, Justice.

The appellants made thirty-five assignments of error in the record on this appeal. Decision in this case requires discussion of the following questions of law raised by the assignments of error.

(1) Appellants' original petition did not include tract No. 3, the 6.72 acres lying east of Knollwood Street and south of the Easement. Respondent moved before the Clerk to have this portion of the land included in the proceeding. The Clerk denied the...

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