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PHILLIPS v. STATE

No. 34469.

93 N.W.2d 635 (1958)

167 Neb. 541

Sam PHILLIPS and Lydia Phillips, husband and wife, Appellees, v. The STATE of Nebraska, Department of Roads and Irrigation, Appellant.

Supreme Court of Nebraska.

December 26, 1958.

Attorney(s) appearing for the Case

C. S. Beck, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., for appellant.

Stewart & Stewart, Lexington, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

BOSLAUGH, Justice.

Appellees were the owners of the west half of the west half of Section 2, Township 8 North, Range 22 West of the 6th P. M., Gosper County. A graveled State Highway, No. 283, between Lexington and Elwood was adjacent to and passed by the land of appellees on the west of it. The land was a good, appropriately improved farm and was used for agricultural purposes generally pursued in that area. About half of the land was irrigated. Appellant appropriated...

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