MUGGRIDGE v. STATE HIGHWAY DEPARTMENT

27379.

229 Ga. 670 (1972)

193 S.E.2d 849

MUGGRIDGE et al. v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided October 5, 1972.

Rehearing Denied November 9, 1972.


Attorney(s) appearing for the Case

Smith & Hargrove, William E. Smith, for appellants.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Assistant Attorney General, Marshall R. Sims, Roland F. Watson, Deputy Assistant Attorneys General, Seay & Sims, John Sims, for appellee.


NICHOLS, Justice.

In view of the stipulated facts and undisputed evidence, in order for the claimants to recover, a finding must have been authorized that the State Highway Department had abandoned the area covered by the encroachment.

Whether the conveyance from Stevens to the State Highway Board was a deed granting fee simple title or was merely the grant of an easement is immaterial to a decision of the case sub...

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