COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HARKNESS


383 S.W.2d 359 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mary Elizabeth HARKNESS, Appellee.

Court of Appeals of Kentucky.

October 23, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Phillip K. Wicker, Somerset, for appellant.

E. B. Wilson, Pineville, for appellee.


WILLIAMS, Judge.

The appellant, Commonwealth of Kentucky, Department of Highways, brought condemnation proceedings in the Bell County Court seeking to condemn certain property owned by the appellee Mary Elizabeth Harkness, who had been adjudged to be an incompetent person. Her guardian ad litem filed his report stating he was unable to make any defense. The Commonwealth did not put on any proof showing the right to condemn. (The official order of the Department of...

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