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KNOX FISCAL COURT v. PHIPPS

261 S.W.2d 441 (1953)

KNOX FISCAL COURT et al. v. PHIPPS et al.

Court of Appeals of Kentucky.

October 9, 1953.

Attorney(s) appearing for the Case

Sampson B. Knuckles, J. J. Tye, Barbourville, for appellants.

Hiram H. Owens, Barbourville, for appellees.

STEWART, Justice.

This is an appeal from a judgment of the Knox Circuit Court wherein a writ of mandamus was granted compelling members of the Knox Fiscal Court, appellants, to provide funds in satisfaction of a judgment of $500 awarded appellees, Arthur Phipps and Catherine Phipps, in a condemnation proceeding instituted against them by appellants.

The question to be resolved is: Did appellants as condemnors take possession of the land involved herein and...

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