McMAHAN v. HOLT


241 S.W.2d 290 (1951)

McMAHAN et al. v. HOLT.

Supreme Court of Tennessee.

June 16, 1951.


Attorney(s) appearing for the Case

Wynn & Wynn, B. A. Townsend, David M. Pack and E. E. Creswell, all of Sevierville, for appellants.

Hugh C. Simpson, Knoxville, for appellee.


PREWITT, Justice.

This cause arises out of a condemnation proceeding between the same parties in a suit now pending in the Circuit Court of Sevier County. The present cause comes as a result of a bill in chancery filed by the landowners alleging that the establishment or restoration of the road in question was not for the public interest and that defendants had a sinister purpose in restoring the road. The defendants filed a plea setting out all of the condemnation...

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