IN RE CONDEMNATION FOR BATTLE CR. PK.

Docket No. 61, Calendar No. 45,809.

341 Mich. 412 (1954)

67 N.W.2d 49

In re CONDEMNATION OF LANDS IN THE CITY OF BATTLE CREEK FOR PARK PURPOSES.

Supreme Court of Michigan.

Rehearing denied January 6, 1955.


Attorney(s) appearing for the Case

John M. Allen, City Attorney, and Richard C. Scatterday, Assistant City Attorney, for plaintiff.

Cobb, Wilder & Nielsen, for defendants.


DETHMERS, J.

Defendants appeal from an order confirming jury verdict in condemnation proceedings. Defendants Luther and Irene Wilber, husband and wife, hereinafter called parents, are record title owners of the entire premises sought to be taken, and their son and his wife, defendants Donald and Constance Wilber, hereinafter called children, are alleged in the pleadings to be in possession of a portion thereof as contract purchasers.

Plaintiff's petition alleged...

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