Mississippi State Highway Commission v. West

This appeal presents the rather unique and most novel situation of a petitioner in a proceeding in eminent do main finding it necessary to come here for relief against a money judgment of $1,000 rendered as damages in favor of tlie appellees, as lessees of the premises sought to he condemned, where all the proof disclosed that the particular lease had been previously terminated under the written provisions thereof. The question for decision is whether or not the allegations of the petition, as well as the very nature of the proceeding itself, preclude the petitioner from questioning the right…