GOODWYN, Justice.
This case was commenced in the Probate Court of Conecuh County where the State instituted a condemnation proceeding against defendant J. Frank Long. The Probate Court condemned certain lands owned by the defendant granting the State a right-of-way for a public highway. The State then appealed to the Circuit Court of Conecuh County where the case was tried de novo before a jury. Prior to the trial, the parties stipulated that the sole issue to be...
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