Ex parte Lance

MERRILL, Justice.

Petitioner Lance seeks a writ of mandamus to Judge Hardegree to set aside his order denying petitioner’s application for a division of the damages awarded by a jury in the Circuit Court of Shelby County as compensation in a condemnation case.

Southern Electric Generating Co. applied to the Probate Court of Shelby County for the condemnation of certain lands on which to build a steam electric generating plant. Commissioners were appointed and they awarded Lance $19,500 as damages. The award was paid into court and the lands ordered condemned. Lance appealed to the circuit court.