Hildebrand v. Southern Bell Telephone & Telegraph Co.

The judgment roll in the original condemnation proceedings in which a decree was entered condemning a right of way over and across plaintiff’s lands for use as a public highway was excluded in tbe original trial of tbis cause. Tbe error in so doing was assigned as one of tbe reasons for remanding tbe case for a new trial. In tbe trial below tbis judgment roll was admitted and tbe decree therein is now before us for consideration. Tbe jury by its verdict bas found tbe essential facts in respect thereto.

Tbis decree bas the force and effect of a deed. Buchanan v. Hedden, 169 N. C., 222, 85 S.…