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STATE v. HOLLAND

367 S.W.2d 791 (1962)

STATE of Tennessee ex rel. D. W. MOULTON, Commissioner of Highways and the City of Dayton, Complainants, Appellants, v. H.B. HOLLAND, Jr., et ux., Wm. Shaver, Trustee and J. R. Coffman, Defendants, Appellees.

Court of Appeals of Tennessee, Eastern Section.

Rehearing Denied September 12, 1962.

Certiorari Denied December 14, 1962.

Attorney(s) appearing for the Case

Geo. F. McCanless, Atty. Gen., and David M. Pack, Asst. Atty. Gen., Nashville, and Robert C. Hunt, Chattanooga, for appellant.

O.W. McKenzie, Dayton, for appellees.

Certiorari Denied by Supreme Court December 14, 1962.

McAMIS, Presiding Judge.

The State of Tennessee through D.W. Moulton, its Commissioner of Highways, filed the bill in this case to enjoin on equitable grounds an action at law instituted by defendant J.R. Coffman against City of Dayton to recover mortgage indebtedness due him on land previously condemned and appropriated for state highway purposes within the City of Dayton. The bill also named as defendants...

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