McGEHEE, C.J.
This is a proceeding on petition of George N. Prassenos and others to have a private road laid out through the land of the appellant M.J. Roberts in Jackson County. The petition was filed during the latter part of the year 1952 before the board of supervisors for that purpose, and recited that "Your petitioners will pay whatever damages might be properly assessed for the opening of said road together with the cost of said proceedings."
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