Cooper v. State

COLEMAN, Justice.

This is an appeal by landowners from a judgment of the circuit court condemning certain lands, or interests therein, for right of way for a public road.

The proceeding was commenced in the probate court. From the judgment of condemnation rendered by the probate court, the landowners appealed to the circuit court.

On March 21, 1960, the circuit court proceeded to trial. In the circuit court, the landowners contested two issues: first, the right of the state to condemn; and, second, the amount of the award due to be paid by the state to the landowners.

The judgment of the circuit…