Oliver v. State

Mb,. Justice McKinney

delivered the opinion of the Court.

This is a condemnation suit by which the State seeks to acquire certain lands for park purposes belonging to the Olivers. The Olivers defended upon the ground that the act under which the State was proceeding was unconstitutional, and that the State was without auhority to acquire said lands by condemnation. The trial court sustained this latter defense, and dismissed the petition of the State. Upon appeal this Court reversed the trial court, holding that the State had authority to condemn the land, and remanded the case for such further…