STAKELY, Justice.
Fundamentally the question for decision is whether a court of equity under the facts in this case has power to condemn a right of way under the principle of eminent domain. Robert Samples under the provisions of § 56, Title 19, Code of 1940, filed an application in the Probate Court of DeKalb County seeking to have a right of way condemned over certain lands of L. L. McCurdy (appellant) situated in DeKalb County. It is alleged that the purpose...
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