STATE v. SMITH


241 S.W.2d 844 (1950)

STATE ex rel. PHILLIPS, Commissioner of Highways, v. SMITH.

Court of Appeals of Tennessee, Western Division.

Certiorari Denied December 9, 1950.


Attorney(s) appearing for the Case

Frank L. Hollis, of Camden, for petitioner, Benton County.

Robert T. Kennerly, Asst. Atty. Gen., and O.L. Peeler, of Camden, for the State ex rel. Phillips, Commissioner of Highways.

Frazier & Frazier, of Camden, for defendant Smith.


Certiorari Denied by Supreme Court, December 9, 1950.

ANDERSON, Presiding Judge.

This is a suit brought by the State Commissioner of Highways and Public Works to enjoin the defendant Smith from placing waste matter and trash upon, and exercising acts of ownership over a portion of the right-of-way of State Highway No. 1. The Chancellor granted the relief prayed for and the defendant appealed.

The right-of-way was acquired by a consent decree entered...

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