Pennefeather v. City of Kenosha

The appellants claim (1) that the condemnation proceedings are wholly void for want of allegation in the petition and for want of proof that the premises to be *698condemned could not be acquired by gift or purchase at an agreed price; (2) that the proceedings are void for failure to file with the register of deeds a notice of pendency of the proceedings as required by statute; and ( 3 ) that the proceedings, if valid, condemn the entire tract of the plaintiffs, and that the valuation of the entire tract as determined by the commissioners was not paid into court on the appeal of the plaintiffs…