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STATE v. JOHNSON

5 Div. 690.

104 So.2d 915 (1958)

STATE of Alabama v. W. A. JOHNSON.

Supreme Court of Alabama.

August 28, 1958.

Attorney(s) appearing for the Case

J. Sydney Cook, Jr., Special Asst. Atty. Gen., and Ruth S. Sullivan, Opelika, for appellant.

Walker & Walker, Opelika, for appellee.

LAWSON, Justice.

The State of Alabama on January 11, 1957, filed a petition in the Probate Court of Lee County to condemn lands belonging to W. A. Johnson for highway purposes. The award of the commissioners in the Probate Court was $21,090 and judgment of condemnation was entered accordingly. The State took an appeal to the circuit court. No issue was made in the circuit court on the right of the State to condemn the property in question. The case was tried in the...

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