Simmons v. Krall

■ Sognier, Chief Judge.

The City of Atlanta condemned certain property in Fulton County, and when the condemnees appealed the special master’s valuation, a jury determined that the value of the property was $3.5 million, which was deposited in the registry of the trial court. Because the property was the subject of an executory contract of sale entered into before the condemnation, the trial court permitted the sellers, Mary Ann Thomas Simmons, Joseph Simmons, and Martha Miller, to withdraw from the registry $1.3 million, the amount of their contract sale price, and proportionate interest. The…