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PETTICORD v. HEEFNER

No. 395.

139 S.E.2d 233 (1964)

263 N.C. 139

Ruby G. PETTICORD and husband, John W. Petticord, v. Edward S. HEEFNER, Jr., Trustee, and Standard Savings and Loan Association, and North Carolina State Highway Commission.

Supreme Court of North Carolina.

December 16, 1964.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Trial Atty. Millard R. Rich, Jr., Raleigh, Blackwell, Blackwell, Canady & Eller, Winston-Salem, for defendant appellee Commission.

Elledge & Mast, Winston-Salem, for plaintiff appellants.

PER CURIAM.

The factual situation in this case is similar to that in Browning v. North Carolina State Highway Commission, N.C., 139 S.E.2d 227, except no written right of way has been obtained by the Commission from these plaintiffs or their predecessors in title to any interest in the land involved.

Therefore, the judgment entered below is reversed on authority of the Browning case, and the case is remanded for further...

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