EBAUGH v. STATE

No. 10800.

342 S.W.2d 221 (1961)

Irvin A. EBAUGH et al., Appellants, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 25, 1961.


Attorney(s) appearing for the Case

Ernest Morgan, San Marcos, Cofer & Cofer, Douglass D. Hearne, Austin, for appellant.

Will Wilson, Atty. Gen., H. Grady Chandler, Joseph G. Rollins, L. P. Lollar, Asst. Attys. Gen., Austin, for appellee.


GRAY, Justice.

This is a condemnation case and the appeal is by the condemnees.

The proceedings were begun by the State to condemn for highway purposes two tracts of land belonging to Irvin A. Ebaugh and his wife Henrietta L. Ebaugh and on which land Roscoe Watson held a lien.

Two jury trials were had at which trials only the question of damages was in issue. The first trial began November 10, 1959 and on November 12, 1959 a judgment was rendered,...

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