Davenport v. Cash

SIMPSON, Justice.

Proceeding by appellant under the provisions of Section 56, Tit. 19, Code 1940, seeking to condemn a right of way over the land of appellee. The probate court denied the application; and appeal was taken to the circuit court, and the application was again denied after a hearing on evidence taken ore tenus before the court. This appeal is to review the order of the circuit court.

Before a party is entitled to relief under Section 56, it must appear that he is the owner of a tract of land, no part of which is “adjacent or contiguous to any public road or highway”. Appellant’s…