Tillman v. State Highway Department

Felton, Chief Judge.

“Where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36-11 of the Code as amended by the act of 1938, tender of the amount awarded by the assessors to the apparent or ostensible owner of such property is not a condition precedent to the condemnor’s right to pay the award into the .registry of the court and enter an appeal to a jury.” State Highway Dept. v. Hendrix, 215 Ga. 821 (113 S. E. 2d 761); *866Tillman v. State Highway Dept., 216 Ga. 70 (114 S. E. 2d 537.)

Decided June 6, 1960 Rehearing denied June 21, 1960. Tillman &…