Polk v. Davinson County

This suit was brought by R. L. Polk and wife against Davidson County to recover for land which they allege was taken, hut not paid for, by the County in a former condemnation suit. This land was a 30-foot strip, part of an abandoned right-of-way of a street railway line, lying between the front of their lot and the Nolensville Pike, which strip was taken by the County for use by the State in widening the pike.

The County filed pleas denying that plaintiffs were the owners of this strip of land, alleging that the former judgment in the condemnation suit was res judicata and an estoppel upon the…