Hacker v. Clay County

Opinion of the Court by

Judge Tilford

— Affirming.

Claiming to be tbe owners of four tracts of land upon wbicb tbe appellee bad entered and constructed a public highway without compensating them therefor, tbe appellants instituted this action against tbe appellee to recover $1,500 for tbe lands taken and $2,500, damage to tbe residue. Tbe appellee demurred specially to tbe petition on tbe ground that tbe Construction Company that built tbe highway and tbe State Highway Department were necessary parties; and following tbe overruling of tbe special demurrer and also a general demurrer, tbe…