Fort Worth Independent School Dist. v. Hodge

BROWN, Justice.

This is a condemnation suit brought by Fort Worth Independent School District, appellant, against appellee, Hodge, to obtain title to and possession of two lots owned by appellee in the city of Fort Worth.

The petition is in proper form and contains all of the allegations required under article 3264, R.C.S. (as amended by Acts 1934, 2d Called Sess., c. 37, § 1 [Vernon’s Ann.Civ.St. art. 3264]), including the allegation that the plaintiff and the owner have been unable to agree upon the value of the land.

Appellee filed a plea in abatement urging that the trial court is without…