Tyson v. State Highway Commission

Citation107 S.E.2d 630,249 N.C. 732
Decision Date18 March 1959
Docket NumberNo. 234,234
CourtNorth Carolina Supreme Court
PartiesCecil TYSON and wife, Hester Tyson, v. STATE HIGHWAY COMMISSION, Minnie Tyson Winborn and husband, Robert Winborn.

Thorp, Spruill, Thorp & Trotter, Rocky Mount, for petitioners-appellees.

Malcolm B. Seawell, Atty. Gen., Kenneth Wooten, Jr., Asst. Atty. Gen., Glenn L. Hooper, Jr., Trial Atty., Dunn, and Lucas, Rand & Rose, Wilson, for State Highway Commission, appellant.

PER CURIAM.

G.S. § 40-12 required the petitioners to state in their petition the names of all parties who own or have, or claim to own or have, estates or interests in the land. The averments in the petition as to the respondents, Winborn, is in compliance with this statute. Petitioners seek no relief of any kind against the Winborns.

According to the allegations of the petition, the petitioners merely seek to enforce a single right, that is, to recover from the State Highway Commission compensation for lands of theirs appropriated by it for highway purposes.

There is no misjoinder of parties and causes, and Judge Bone correctly overruled the demurrer.

Affirmed.

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5 cases
  • Barnes v. North Carolina State Highway Commission
    • United States
    • North Carolina Supreme Court
    • 12 de junho de 1959
    ...there are tenants in common, one or more of the tenants must own some interest and estate in the entire tract. Tyson v. State Highway Commission, 249 N.C. 732, 107 S.E.2d 630. Under some circumstances the fact that the land is acquired in a single transaction will strengthen the claim of un......
  • Barnes v. North Carolina State Highway Commission, 536
    • United States
    • North Carolina Supreme Court
    • 10 de julho de 1962
    ...& G. Mining & Mfg. Co., 113 N.C. 259, 18 S.E. 171; City of Raleigh v. Edwards, 234 N.C. 528, 67 S.E.2d 669; Tyson v. State Highway Commission, 249 N.C. 732, 107 S.E.2d 630. While this statute contemplates the respective interests of all parties who claim an estate or assert and interest in ......
  • Jacobs v. State Highway Commission
    • United States
    • North Carolina Supreme Court
    • 1 de março de 1961
    ...to state the 'names of all parties who own or have, or claim to own or have, estates or interests in the land.' Tyson v. State Highway Comm., 249 N.C. 732, 107 S.E.2d 630, 631. Petitioner failed to make such allegation in the present case. But this defect does not go to the substance of the......
  • Andrews v. Sprott
    • United States
    • North Carolina Supreme Court
    • 18 de março de 1959
    ... ... Worley v. Champion Motor Co., 246 N.C. 677, 100 S.E.2d 70; State v. McCoy, 236 N.C. 121, 71 S.E.2d 921; H. G. Williams & Co. v. Harris, 137 ... ...
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