Board of Commissioners v. Noble

These parties occupy the same relative position in this court as below. Plaintiff in error is hereinafter referred to as the Board, and defendant in error as Noble.

The Board brought suit pursuant to chapter 61, volume 3, ’35 C.S.A., to condemn a portion of Noble’s land, consisting of a strip 30 feet in width by 666% feet in length, for public road purposes. Home Owners Loan Corporation and Burgess, public trustee, were joined as parties defendant by virtue of a deed of trust under which said strip and other land owned by Noble were conveyed as security for the payment of a promissory note.…