City of Winston-Salem v. Ashby

The only question involved, necessary to be considered on this appeal: Must the plaintiff as a condition precedent attempt to acquire by purchase or negotiate with the owners of the land sought to be condemned? This necessitates the construction of the statutes relating to the query.

The plaintiff alleges in its complaint: “That the city has been unable to acquire title to said parcels of land which are needed for said improvement, for the reason that the defendants and the city have been unable to agree upon the purchase price, and for the further reason that some of the defendants are…