BYRD, Justice.
This action was instituted in the county court by appellant Wells Riggs pursuant to Ark.Stat.Ann. § 76-110 (Repl.1957), to have a private road established across the land of appellees Tony Bert and Avis Bert. The county court followed the procedure outlined in the statute, found the road to be necessary and assessed damages at $400. The Berts appealed to the circuit court where by agreement the only issues submitted to the jury were the necessity...
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