Tyson v. State Highway Commission

107 S.E.2d 630, 249 N.C. 732, 1959 N.C. LEXIS 422

Opinion

PER CüRiam.

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, Winbom, ¡is in compliance with this ¡statute. Petitioners seek no relief of any kind ¡against the Winboms.

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.