DAVIS, Justice.
A condemnation case. Plaintiff-appellant, Northeast Texas Municipal Water District, presented a petition to the County Judge on or about February 26, 1958, for condemnation of 9.78 acres of land situated in the Robert Mason Survey in Marion County, Texas, belonging to defendant, W. B. Mims. The decision of the Commissioners was to award Mims the sum of $2,665.00. A deposit was made and the appellant took possession of the property. W. B. Mims
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