Bates v. Chilton County

LAWSON, Justice.

This was a proceeding brought by Chilton County to condemn a right of way through certain lands of appellants for a public highway. Commissioners were appointed and made an assessment of damages; the probate court confirmed the return of the commissioners and ordered the lands condemned. An appeal was taken to the circuit court and the cause there tried de novo; the sole issue of such trial being the amount of compensation or damages to be awarded the landowners.

The commissioners appointed by the probate court awarded $400 as damages to the appellants, the owners of the land.…