Ala. Midland Railway Co. v. Newton

— The pleadings show that prior to December 16, 1889, appellant began in the Probate Court of Mont*444gomery county ad quod damnum proceedings to condemn certain lands of appellee, to be used as a right of way; and on the 16th Décember, 1889, the day to which the hearing had been continued, the damages were assessed by a jury at $560, and the order of condemnation regularly entered by the court. Appellant did not pay the damages found by the jury, or take possession of the land condemned, or prosecute the condemnation proceedings further. In December, 1890, more than six months after the order of…