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EUBANK v. STATE

No. 3655.

330 S.W.2d 510 (1959)

Royal C. EUBANK et al., Appellants, v. STATE of Texas, County of Ellis, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 31, 1959.

Attorney(s) appearing for the Case

McKool & Bader, Dallas, Warwick H. Jenkins, Waxahachie, for appellants.

Bruce Allen, County Atty., Milton Hartsfield, Waxahachie, for appellees.

TIREY, Justice.

This is a condemnation case. The Court submitted three issues; they are, absent the burden of proof clause, substantially as follows:

(1) What do you find was the market value of the land taken by the plaintiff at the time such land was condemned on June 16, 1956, considered as severed land?

To which the jury answered: $7,916.75.

(2) What do you find was the market value of defendants' land, exclusive of and not including the...

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