State Highway Department v. Alexander

Grice, Justice.

Rulings made in an appeal for a jury trial from the award of assessors in a condemnation proceeding are enumerated as error. They arose from a petition filed in the Superior Court of DeKalb County by the State Highway Department of Georgia against the property itself, H. G. Alexander, and others, to obtain the right of way for widening a State-aid public road.

The petition recited that the condemnor believed the property was owned by it and DeKalb County, but that certain parties, named as defendants, might claim an interest therein. However, none but Alexander asserted any…