DAVENPORT v. CASH

7 Div. 230.

74 So.2d 470 (1950)

Hope DAVENPORT v. Clara Green CASH.

Supreme Court of Alabama.

August 30, 1950.


Attorney(s) appearing for the Case

Scott, Dawson & Scott, Chas. J. Scott, Fort Payne, for appellant.

Leonard Crawford and C. A. Wolfes, Fort Payne, for appellee.


SIMPSON, Justice.

Proceeding by appellant under the provisions of Section 56, Tit. 19, Code 1940, seeking to condemn a right of way over the land of appellee. The probate court denied the application; and appeal was taken to the circuit court, and the application was again denied after a hearing on evidence taken ore tenus before the court. This appeal is to review the order of the circuit court.

Before a party is entitled to relief under Section 56, it must...

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