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STATE v. BARNHILL

1 Div. 276.

196 So.2d 691 (1967)

STATE of Alabama v. Exa Lou BARNHILL et al.

Supreme Court of Alabama.

February 23, 1967.

Attorney(s) appearing for the Case

Richmond M. Flowers, Atty. Gen., Kenneth Cooper and Bert S. Nettles, Sp. Asst. Attys. Gen., and Johnston, Johnston & Nettles, Mobile, for appellant.

J. B. Blackburn, Bay Minette, for appellees.

LAWSON, Justice.

The State of Alabama filed a petition in the Probate Court of Baldwin County to condemn lands belonging to Exa Lou Barnhill and others for highway purposes.

The award of the Commissioners in the Probate Court was $102,000 and a judgment of condemnation was entered accordingly.

The State took an appeal to the Circuit Court of Baldwin County, where no issue was made as to the right of the State to condemn the property in question. The...

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