BURNETT, Justice.
The petitioner, proceeding under Code, § 3110 et seq., sought to condemn private property for public use. The petition alleged that the Town of Erin had entered into an agreement with the Department of Highways and Public Works of the State of Tennessee to acquire a right of way for a public street in said town, said street being a section of State Highway No. 49, and that under said agreement the State Highway Department was to build and construct...
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