Eubank v. State

330 S.W.2d 510 (1959)

Royal C. EUBANK et al., Appellants,

v.

STATE of Texas, County of Ellis, Appellees.

No. 3655.

Court of Civil Appeals of Texas, Waco.

September 10, 1959.

Rehearing Denied December 31, 1959.

McKool & Bader, Dallas, Warwick H. Jenkins, Waxahachie, for appellants.

Bruce Allen, County Atty., Milton Hartsfield, Waxahachie, for appellees.

TIREY, Justice.

This is a condemnation case. The Court submitted three issues; they are, absent the burden of proof clause, substantially as follows:(1) What do you find was the market value of the land taken by the plaintiff at the time such land was…