Brooksbank v. Roane County

There are two separate cases in which the pleadings and material allegations as well as the questions for determination are the same and one opinion will suffice for the disposition of both cases.

The cases are in this Court on a direct appeal from the action of the trial judge in sustaining a demurrer in each case. As will appear shortly hereinafter, the determinative question is whether or not the saving statute, T.C.A. sec. 28-106, is applicable to the situation where a landowner, whose land has been taken possession of for the purpose of internal improvement, has filed his suit under…