Housing Authority v. Spink

Head, Justice.

In this proceeding to condemn described property of the defendant in error, the sole question made by the pleadings is the value of the property sought to be condemned. After the award of the assessors was made, the condemnor filed an appeal, and, upon the trial in the superior court, the jury returned a verdict fixing the value of the property. The motion for new trial relates solely to the value of the property taken. Held:

The sole issue being as to the value of the property condemned, this is not a case “respecting title to land” within the provisions of the Constitution,…