May v. Whitlow

S. D. May, State Highway Commissioner of Virginia, hereinafter referred to as appellant, asks us to reverse an order of the trial court wherein a writ of mandamus was awarded directing and commanding him to acquire by purchase or condemnation, according to the statutes of the Commonwealth, so much of the land of appellees as was required for highway purposes, lying outside of a 30-foot public highway.

The case was instituted by the filing of separate petitions of thirteen landowners and their respective consorts, herein referred to as appellees, praying that commissioners be appointed by the…