STATE v. PAYTON

5 Div. 714.

134 So.2d 198 (1961)

STATE of Alabama v. James A. PAYTON et al.

Supreme Court of Alabama.

November 2, 1961.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and J. J. Mullins, Sp. Asst. Atty. Gen., for appellant.

Omar L. Reynolds and Reynolds & Reynolds, Clanton, for appellees.


COLEMAN, Justice.

This is an appeal by the State from a judgment of the circuit court awarding compensation to the appellees for a right of way which the State seeks to acquire, by condemnation, over and across a strip of land owned by appellees in Chilton County.

The first insistence of appellant is that the court erred in instructing the jury that the State would be authorized to fence the right of way sought to be acquired in this proceeding. The remaining...

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