State v. Pollitt

Appellee Pollitt owned land encumbered by mortgage to the other appellee. . The State Highway Commission, desiring the real estate for high way purposes, instituted an action in the name of the State against both appellees under the general eminent domain statute of 1905. Without objection an order was made appointing appraisers who made an award of $4,000, which was reported to the court and spread of record. The State contested the amount of the award by filing exceptions which were pending when about a month later the State paid the award plus the appraisers’ fees to the clerk of the…