State Highway Department v. C. F. Williams Lumber Co.

Duckworth, Chief Justice.

Putting aside for the present any question as to the need for a petitioner to allege a right in himself that is legally valid, which will be treated in Division 2 of this opinion, we hold that the present petitioner shows a right to declaratory relief. Cohen v. Reisman, 203 Ga. 684 (48 SE2d 113). It alleges that both the petitioners and the defendants claim title to the land involved and that the petitioners desire to erect improvements thereon but wish to settle any uncertainty as to the title before investing in the improvements. This is a clear case of needing “the…