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ELLIS v. MISS. STATE HWY. COM'N

No. 56320.

487 So.2d 1339 (1986)

Bobby Ray ELLIS and Johnnie Myrle Ellis, Owners, Peoples Bank of Mississippi, N.A., Beneficiary, James N. Beebe, Trustee v. MISSISSIPPI STATE HIGHWAY COMMISSION.

Supreme Court of Mississippi.

May 7, 1986.

Attorney(s) appearing for the Case

Tom P. Calhoun, III, Greenwood, and William Liston, Liston, Gibson & Lancaster, Winona, for appellants.

John M. Sumner, Winona, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This eminent domain proceeding arises from the September 5, 1984 taking of 3.02 acres of partly level (2 acres) and partly gullied (1.02 acres) property located at the intersection of Highways 51 North and 82 East in Winona, Montgomery County, Mississippi. The subject property was owned by Bobby Ray Ellis and Johnnie Myrle Ellis (hereinafter jointly "Ellis"), subject to a mortgage in favor of Peoples Bank of Mississippi...

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