State Ex Rel. State Highway Commission v. Day

— 'This case was first heard in Division Number One. From 'the opinion prepared following its submission there we take the following general statement of the case:

“This proceeding was instituted in the Circuit Court of Audrain County to condemn certain land belonging to defendants, who appear here as respondents, for right of way and drainage purposes in the location and construction of a certain state highway. The amount of land sought to be taken for right of way purposes was 5.28 acres; that sought for a channel for drainage purposes, fee not to be taken, was a strip not more than five…