Brothers v. Holloway

Israel J. Brothers and Linda Ruth Brothers ("the condemnees") appeal from a judgment in favor of Charlotte D'Anne Holloway ("the condemnor") in a private right-of-way condemnation action brought pursuant to § 18-3-1 et seq., Ala. Code 1975. The judgment established a 30-foot right-of-way across the condemnees' land between a public road and the condemnor's land and awarded $1,000 less costs to the condemnees in compensation. We affirm in part, reverse in part, and remand with instructions.

This action was originally filed by the condemnor in the Probate Court of Etowah County. After the…