Allison v. State

STRUCKMEYER, Chief Justice.

Appellants in this joint action, by their first claim for relief, seek to quiet title to certain parcels of real property to which they assert ownership in fee simple. By their second and third claims for relief, they seek damages for the wrongful taking of a portion of their properties for use as a highway. On defendant’s motion, the court below dismissed plaintiffs’ complaint with prejudice. The only issue on this appeal is whether the motion to dismiss was properly granted. We have concluded that it was not.

It appears from the pleadings and answers to requests…