No. 3605.

321 S.W.2d 361 (1959)

C. A. BREITHAUPT et ux., Appellants, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 12, 1959.

Attorney(s) appearing for the Case

Mays & Jacobs, Corsicana, for appellants.

Jimmy Morris, County Attorney, Roe, Ralston & McWilliams, Corsicana, for appellee.

TIREY, Justice.

This is a condemnation case. The Court submitted three issues to the jury. Absent the burden of proof clause, and date of condemnation, they are substantially as follows:

1. What do you find was the market value of the strip of land, with all improvements thereon located, and consisting of 26.48 acres of land, condemned by the State for Highway purposes, at the time it was condemned?

to which the jury answered "$10,075.00".

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