STATE GAME & FISH COMMISSION v. HORNADAY

No. 4-9487.

242 S.W.2d 342 (1951)

STATE GAME & FISH COMMISSION v. HORNADAY et ux.

Supreme Court of Arkansas.

Rehearing Denied October 8, 1951.


Attorney(s) appearing for the Case

L. B. Smead, Camden, Ed E. Ashbaugh, Little Rock, for appellant.

J. Bruce Streett, Camden, Thomas E. Sparks, Fordyce, Catlett & Henderson, Little Rock, for appellees and cross-appellants.


GRIFFIN SMITH, Chief Justice.

The Game and Fish Commission brought an action in Calhoun Circuit Court to condemn certain lands for use in conservation and propagation of fish. K. G. Hornaday and his wife, Catherine, as owners of some of the land needed for the project, defended on the ground that the primary purpose was not conservation or any of the kindred matters enumerated in Amendment No. 35 to the Constitution. They contended interested persons had purchased...

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