Motsinger v. Chenoweth

This was a proceeding to assess damages to James H. Chenoweth, appellant, the owner of one-half of the land taken, and his mortgagee, Quinton D. Bailey, for property taken and damaged for a public and private road of the width of twenty feet and of the length of eighty rods, more _ or less, commenced before a police magistrate of the town of Farmers, in the county of Fulton, by appellee, superintendent of highways of that county, acting for the town of Farmers, who filed a certificate with the magistrate to have the damages assessed. The certificate set up the fact that appellee in his…