McCurdy v. Samples

STAKELY, Justice.

Fundamentally the question for decision is whether a court of equity under the facts in this case has power to condemn a right of way under the principle of eminent domain. Robert Samples under the provisions of § 56, Title 19, Code of 1940, filed an application in the Probate Court of DeKalb County seeking to have a right of way condemned over certain lands of L. L. McCur-dy (appellant) situated in DeKalb County. *487It is alleged that the purpose for which the land is sought to be condemned is to procure a right of way over the intervening land of L. L. McCurdy so as to give to…