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STATE v. DAVIS

1 Div. 496.

212 So.2d 686 (1968)

STATE of Alabama v. Fanelle Powers DAVIS et al.

Supreme Court of Alabama.

June 20, 1968.

Attorney(s) appearing for the Case

Harry D. Hardy and Herdon H. Wilson, Mobile, for appellant.

Samuel L. Stockman, Mobile, for appellees.

LAWSON, Justice.

The State of Alabama filed a petition in the Probate Court of Mobile County to condemn land belonging to Fanelle Powers Davis and others to acquire a right of way for highway purposes.

The award of the Commissioners in the Probate Court was $500 and a judgment of condemnation was entered accordingly.

The landowners took an appeal to the Circuit Court of Mobile County, where no issue was made as to the right of the State to condemn...

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