White County v. Wooten

Almand, Justice.

On July 26, 1960, J. F. Wooten, defendant in error (plaintiff in the trial court and referred to as such hereinafter) , granted by warranty deeds two tracts of land in White County to the State Highway Department to make a right of way for a highway which has since been completed. The deeds, which were recorded, recite as consideration one dollar and “the benefit to my property by the construction or maintenance of said road.” Both deeds contain the following provision: “And for the same consideration, I do further grant the right to all necessary drainage in the construction…