The controlling question in passing upon the sufficiency of the petition to withstand a general demurrer is whether the judgment entered in the proceedings instituted by the Highway Department under the provisions of Ga. L. 1961, p. 517, as amended, Ga. L. 1962, Ex. Sess., p. 37 (Code Ann. Ch. 36-13), included in the property condemned the dwelling of the plaintiffs, which was partly on the right...
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