Mississippi State Highway Dept. v. Bethlehem Baptist Church

On March 22, 1955, the Bethlehem Baptist Church brought this suit in the Circuit Court of Stone County against the State Highway Commission for damages alleging trespass and the taking of Church property. The jury returned a verdict in the amount of $400 and from this judgment, the Highway Commission appeals.

The Highway Commission answered, and as an affirmative defense, plead that the appellee Church had conveyed the land in question by warranty deed to the Highway Commission on March 27,1952 for a consideration of $1600, less the Federal Stamp Tax of $2.20. The instrument was duly recorded…