STATE v. BURKHART


370 S.W.2d 411 (1963)

STATE of Tennessee ex rel. D.W. MOULTON v. J. U. BURKHART et al.

Supreme Court of Tennessee.

July 15, 1963.


Attorney(s) appearing for the Case

S. Frank Fowler, Fowler, Rowntree & Fowler, Knoxville, Robert Sturdivant, Trabue, Minick, Sturdivant & Harbison, Nashville, for plaintiff in error.

Earl S. Ailor, Knoxville, for the State.


BURNETT, Chief Justice.

This is a condemnation suit brought by the State under the provisions of Chapter 216 of the Public Acts of 1959 (now codified as §§ 23-1528 to 23-1541 et seq., T.C.A.). The suit was to acquire land for highway purposes. The defendants, Burkharts, are the owners of the land, while the appellant, Knoxville Concrete Pipe Company, Inc., is their lessee.

The petition averred that $114,863.00 was the amount to which the owners are...

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