State v. Jamail

OPINION

WILSON, Justice.

The State and County took all of one tract belonging to appellees, and part of another, for highway purposes in this eminent domain proceeding. Judgment for damages was rendered on a jury verdict.

By their first five points appellants contend the landowners abandoned their objections to the award of commissioners by waiting more than three years and nine months to have citation issued in the County Court, and their rights are barred by limitation. They point to Denton Comity v. Brammer (Tex.Sup.1962), 361 S.W.2d 198 as supporting their position.

In the present case the…