City of Birmingham v. Brown

LIVINGSTON, Justice.

The appellant, the City of Birmingham, ■a municipal corporation, filed its application in the Probate Court of Jefferson County, Alabama, against Margaret E. Brown, J. Arthur Action and Hilton T. Hall, the appellees, seeking to condemn for public park purposes certain real estate belonging to appellees, a large part of which lands were located without the corporate limits of thé City of Birmingham.

By appropriate demurrer to the application, defendants raised in the Probate Court the question of the city’s authority to condemn for public park purposes real estate located…