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JUSTUS v. McMAHAN

226 S.W.2d 84 (1949)

JUSTUS et al. v. McMAHAN et. al.

Supreme Court of Tennessee.

Rehearing Denied February 10, 1950.

Attorney(s) appearing for the Case

Homer A. Goddard, Maryville, R. L. Ogle, Sevierville, for plaintiff in error Roy McMahan and others.

Wynn & Wynn, B. A. Townsend and E.E. Creswell, Sevierville, for defendant in error Gene Justus and others.

NEIL, Chief Justice.

This case involves the right to open a public road under condemnation proceedings by the Sevier County Highway Department pursuant to Chapter 10 of the Private Acts of 1933.

Section 19 of the Act provides among other things: "That the County Road Superintendent shall have power and authority, in the name of the county, to condemn under the laws of eminent domain, all lands necessary for roads, * * *."

Section 20 of the Act provides...

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