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BENTON v. STATE HIGHWAY DEPARTMENT

22848.

220 Ga. 674 (1965)

141 S.E.2d 396

BENTON et al. v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided February 19, 1965.

Attorney(s) appearing for the Case

Bloch, Hall, Groover & Hawkins, Denmark Groover, Jr., for plaintiffs in error.

Eugene Cook, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, Benson Ham, contra.

HEAD, Presiding Justice.

Where the State Highway Department brings a proceeding in rem to condemn described property, the owners of the property must litigate all issues pertaining to the land in the condemnation proceeding. Jeffrey McElreath Mfg. Co. v. Hill, 212 Ga. 183 (91 S.E.2d 337); Fulton County v. Aronson, 216 Ga. 497 (117 S.E...

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