MAY v. WHITLOW


111 S.E.2d 804 (1960)

201 Va. 533

S. D. MAY, State Highway Commissioner, etc. v. Earl S. WHITLOW et al.

Supreme Court of Appeals of Virginia.

January 18, 1960.


Attorney(s) appearing for the Case

Francis C. Lee, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., M. Ray Johnston, Asst. Atty. Gen., on brief), for plaintiff in error.

J. Segar Gravatt, Blackstone, W. E. Neblett, Lunenburg, for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, SNEAD, and I'ANSON, JJ.


SPRATLEY, Justice.

S. D. May, State Highway Commissioner of Virginia, hereinafter referred to as appellant, asks us to reverse an order of the trial court wherein a writ of mandamus was awarded directing and commanding him to acquire by purchase or condemnation, according to the statutes of the Commonwealth, so much of the land of appellees as was required for highway purposes, lying outside of a 30-foot public highway.

The case was instituted by the filing...

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