Federal Land Bank v. State Highway Commission

*188The opinion of the court was delivered by

Thiele, J.:

The question here presented is the measure of damages to be applied when a lienholder appeals from an award in condemnation proceedings under G. S. 1935, ch. 26, art. 1, as amended by Laws 1937, ch. 226, § 1 (G. S. 1937 Supp. 26-102). Two appeals were taken to this court by the state highway commission from awards made in the district court. For our purposes the facts in each are alike and will be stated in the singular.

On March 7, 1938, the state highway commission initiated the proceedings by filing its petition to have .certain lands…