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HUGHES v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 443.

165 S.E.2d 321 (1969)

275 N.C. 121

William L. HUGHES, Jr. v. NORTH CAROLINA STATE HIGHWAY COMMISSION. COLVARD OIL COMPANY, Inc. v. NORTH CAROLINA STATE HIGHWAY COMMISSION. FARMERS EQUIPMENT, INC. v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

January 31, 1969.

Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., Deputy Atty. Gen. Harrison Lewis, Trial Attorney Charles M. Hensey, Raleigh, Associate Counsel E. James Moore, North Wilkesboro, and Associate Counsel Porter & Conner, North Wilkesboro, for respondent appellee.

McElwee & Hall and Moore & Rousseau, North Wilkesboro, for appellants.

BRANCH, Justice.

A special proceeding was instituted 27 January 1940 by Blair pursuant to N.C. Gen.Stat. Chap. 40, entitled "Eminent Domain," for compensation for land allegedly taken by the Highway Commission and the Town for highway purposes. At that time title was not divested until the condemnor obtained a final judgment in his favor and paid to the landowner the amount of damages fixed by such final judgment, and the landowner could sell during the pendency of...

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