67 So. 838 | Ala. | 1914
It is provided that where there are several tracts of land lying within one county, of which parts are proposed to be taken or in which an interest or easement is proposed to be acquired, the applicant may join them all in separate paragraphs in the same application. — Code, § 3861. Section 3866 reads as follows: “If there are several distinct tracts of land owned by different persons embraced in the application, the owners of each tract may have a separate hearing as to the right to condemn their lands, and the court may, if it finds that the application should be granted as to some and not as others of the owners, make and enter its decree accordingly.”
Other questions argued have been considered and disposed of in Alabama Power Co. v. Keystone Lime Co., Infra, 67 South. 833, where we held that the record showed reversible error. So in this case.
Reversed and remanded.