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STATE v. GOUGE

253 S.W.2d 721 (1952)

STATE ex rel. MORGAN COUNTY v. GOUGE et al.

Supreme Court of Tennessee.

December 5, 1952.

Attorney(s) appearing for the Case

George W. Dagley, Wartburg, for plaintiff.

Elmer L. Eblen, Kingston, J.H. McCartt, Wartburg, for defendants.

PREWITT, Justice.

The Chancellor sustained the demurrer and this appeal resulted. The controversy involves the grade of a state highway passing through Morgan County. It seems that the defendants Gouge and others executed general warranty deeds to the county for the highway. The defendants claim that it was represented to them when the deeds were signed that the grade would be about the same as then existing but the plans were changed and a fill of approximately five...

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