Supreme Court of Alabama March 17, 1966, 1 Div. 281 (State v. Owen)

GOODWYN, Justice.

This is an eminent domain proceeding brought by the State (Code 1940, Tit. 19, Chap. 1) to acquire a right-of-way for highway purposes.

The proceeding originated in the Mobile County probate court where there was an award of $5,000. From the order of condemnation there made, the State appealed to the circuit court of the county, where a trial de novo (Code 1940, Tit.