{
  "id": 8621536,
  "name": "CECIL TYSON and wife, HESTER TYSON v. STATE HIGHWAY COMMISSION, MINNIE TYSON WINBORN and husband, ROBERT WINBORN",
  "name_abbreviation": "Tyson v. State Highway Commission",
  "decision_date": "1959-03-18",
  "docket_number": "",
  "first_page": "732",
  "last_page": "733",
  "citations": [
    {
      "type": "official",
      "cite": "249 N.C. 732"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T22:25:15.863799+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "CECIL TYSON and wife, HESTER TYSON v. STATE HIGHWAY COMMISSION, MINNIE TYSON WINBORN and husband, ROBERT WINBORN."
    ],
    "opinions": [
      {
        "text": "PER C\u00fcRiam.\nG.S. 40-12 required the petitioners to state in their petition the names of all parties who own or have, \u00a1or claim to own or have, estates or interests in the land. The \u00a1averments in the petition as to the respondents, Winbom, \u00a1is in compliance with this \u00a1statute. Petitioners seek no relief of any kind \u00a1against the Winboms.\nAccording to the allegations of \u00a1the petition, the petitioners merely seek to enforce a single right, that is, to recover from the State Highway Commission compensation for lands of theirs \u00a1appropriated by it for highway purposes.\nThere is no misjoinder of parties and causes, and Judge Bone correctly overruled the demurrer.\nAffirmed.",
        "type": "majority",
        "author": "PER C\u00fcRiam."
      }
    ],
    "attorneys": [
      "Thorp, Spruill, Thorp & Trotter for petitioners, appellees.",
      "Malcolm B. Seawell, Attorney General, Kenneth Wooten, Jr., Assistant Attorney General, Glenn L. Hooper, Jr., Trial Attorney, and Lucas, Rand & Rose for State Highway Commission, appellant."
    ],
    "corrections": "",
    "head_matter": "CECIL TYSON and wife, HESTER TYSON v. STATE HIGHWAY COMMISSION, MINNIE TYSON WINBORN and husband, ROBERT WINBORN.\n(Filed 18 March, 1959.)\nEminent Domain \u00a7 11\u2014\nIn an action by the owner of an interest in lands against 'the 'State Highway Commission to recover compensation for 'the taking of a portion iof the land, .the joinder, as a respondent, of.the owner of the other interest in the land cannot result in a misjoinder of parties and causes, since the action is to enforce a single right to recover compensation, and the joinder of all parties having an interest in the land is required by G.S. 40-12.\nAppeal by respondent State Highway Commission from Bone, Resident Judge, in chambers, 1 November 1958. WilsoN.\nSpecial proceeding for recovery of -compensation for lands of petitioners appropriated by respondent for highway purposes, heard upon a demurrer.\nA summary of the allegations of the petition follow:\nCecil Tyson is the owner of a farm containing 128.25 acres, and his wife has a dower interest therein. On 1 January 1957 the respondent appropriated a described part of it for \u00a1highway purposes 'by virtue of \u00a1the power of eminent domain vested in it by G.S. 40-12 et seq. and G.S. 136-19.\nCecil Tyson was the sole owner of a fee simple title to part of this farm, and was the owner of a one-half undivided interest in the remaining part of the farm. The respondent Minnie Tyson Winbom is the owner of the other one-half interest in the farm as a tenant in common with Cecil Tyson. Robert Winbom is her husband.\nPetitioners have been damaged by the talcing of said land and by damage to the remaining land, and have not been compensated by the State Highway Commission.\nThe petitioners pray that the court -appoint commissioners to appraise the damages sustained by them as a resul-t of the taking of their property by the State Highway Commission, and fix the compensation to which -they are entitled.\nThe State Highway Commission demurred to the petition on the ground that there is a misjoinder of parties and causes.\nThe Clerk of the Court overruled the demurrer. On appeal Judge Bone overruled the demurrer, \u00a1and the State Highway Commission appeals.\nThorp, Spruill, Thorp & Trotter for petitioners, appellees.\nMalcolm B. Seawell, Attorney General, Kenneth Wooten, Jr., Assistant Attorney General, Glenn L. Hooper, Jr., Trial Attorney, and Lucas, Rand & Rose for State Highway Commission, appellant."
  },
  "file_name": "0732-01",
  "first_page_order": 774,
  "last_page_order": 775
}