MITCHELL v. STATE HIGHWAY DEPT.

21065.

216 Ga. 517 (1960)

118 S.E.2d 88

MITCHELL, Executor v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided January 5, 1961.


Attorney(s) appearing for the Case

John G. Cozart, for plaintiff in error.

Eugene Cook, Attorney-General, E. J. Summerour, Carter Goode, Assistant Attorneys-General, Joseph M. Rogers, contra.


MOBLEY, Justice.

1. Although the plaintiff, in his capacity as executor of the estate of W. E. Mitchell, should have been served with notice of the condemnation proceeding, the fact that he was served with notice as one of the eight "owners" of the land gave him knowledge of the proceeding. Since that was an action in rem and since the plaintiff herein had notice of the proceeding (Cook v. State Highway Board, 162 Ga. 84, 101, 102, 132 S. E. 902), he could...

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