LIVINGSTON, Chief Justice.
Morgan County, a municipal corporation, filed its petition in the probate court of said county to condemn certain described lands for use as a public road. Commissioners were appointed and made an assessment of damages in the amount of $6,000. The probate court confirmed the return of the commissioners and ordered the lands condemned. Morgan County appealed to the circuit court. The cause was there tried de novo, the sole issue of the trial...
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