In Re Condemnation for Battle Cr. Pk.

Defendants appeal from an order confirming jury verdict in condemnation proceedings. Defendants Luther and Irene Wilber, husband and wife, hereinafter called parents, are record title owners of the entire premises sought to be taken, and their son and his wife, defendants Donald and Constance Wilber, hereinafter called children, are alleged in the pleadings to be in possession of a portion thereof as contract purchasers.

Plaintiff’s petition alleged that parents were the only persons who owned or had any claim to the premises. They answered, alleging that other persons were in possession of a…