McLain v. State

John L.. McLain and wife filed the bill in this case to set aside, on the ground of mutual mistake, *531the conveyance of a portion of their property conveyed to the State of Tennessee in connection with the widening of Highway 11 E in Sullivan County.

The bill named as defendants State of Tennessee and Sullivan County. Both defendants demurred to the bill on the ground, among others, that the State is immune from suit and the County, being an arm of the State, is entitled to invoke the State’s immunity. A further ground of the demurrer was the failure of complainants to reimburse or offer to…