Isham ex rel. Isham v. Board of County Commissioners

The opinion of the court was delivered by

Hutchison, J.:

This is an action against the board of county commissioners of Montgomery county by the owners of a forty-acre tract of land for damages.to their land by reason of a road being constructed through it without their consent, thereby depreciating the value of the land not taken. The demurrer of the defendant-board to this petition was overruled, from which ruling the board appeals.

The petition, after alleging ownership and giving description of the land, alleges in substance that the defendant board has trespassed upon their land, taken…