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STATE HIGHWAY DEPARTMENT v. HENDRIX

20724.

215 Ga. 821 (1960)

113 S.E.2d 761

STATE HIGHWAY DEPARTMENT v. HENDRIX.

Supreme Court of Georgia.

Decided April 4, 1960.

Attorney(s) appearing for the Case

Foley, Chappell, Kelly & Champion, Kenneth M. Henson, John W. Maddox, Oscar M. Smith, Harold Sheats, Griffin Patrick, Jr., S. B. McCall, for parties at interest not parties to record.

Robert Edward Surles, contra.

John G. Cozart, for party at interest not party to record.

CANDLER, Justice.

Pursuant to the provisions of Chapter 36-11 of the Code of 1933, as amended by an act approved January 13, 1938 (Ga. L. 1937-38, Ex. Sess., p. 251), the State Highway Department filed a proceeding in rem to condemn and thus acquire fee-simple title to a described 3.733-acre tract of land in Chattooga County as a right-of-way for a State-aid road. The petition alleges on information and belief, that W. G....

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