146 Ga. 456 | Ga. | 1917
1. In order to condemn property for public purposes, it is necessary, preliminary to the commencement of the proceeding, for the condemnor to make an effort to agree with the owner of the property upon a price to be paid for the land. Bridwell v. Gate City Terminal Co., 127 Ga. 520 (8), 535 (56 S. E. 624, 10 L. R. A. (N. S.) 909); Civil Code, § 5207.
2. An effort was made by a city to condemn certain real estate for the purpose of widening a street. The property had been devised by the terms of a will. The condemnation proceedings were upon the basis that the property had been bequeathed to a person who was nominated executor, and to others. The person appointed by the city to agree with the owners upon the value of the property addressed a letter to the person who was executor of the will, and who was also a legatee, as follows: “It is the intention of the city to agree with you, if possible, as to the price to be paid, before instituting condemnation proceedings in court. I understand that you own a one-twenty-seventh interest in this property, subject to an estate for the life of your mother, and that you are one of the executors of the estate of Alfred Austell, deceased. The city asks that you make an offer as to what you will take for your interest. Kindly write me what price you would be willing to accept for the interest you hold.” Eeld, that this letter is to be construed as a proposition to the addressee personally, and not to him as executor in his representative capacity, and that it did not require the judge, on an interlocutory hearing for injunction, to hold that the condemnor had made an effort to purchase the easement before institution of the condemnation proceedings.
3. Under a proper construction of the will, the executor had sufficient interest in his representative capacity under the will to maintain an action against the city to enjoin an illegal proceeding instituted by the city, seeking to condemn for public use the land bequeathed by the will.
4. Certain evidence offered by the defendant was properly excluded on objection that it was irrelevant.
5. Under the pleadings and the evidence, this was an effort by the city to condemn certain land for the purpose of widening one of the streets. The land had been bequeathed by a testator, and the city was seeking to condemn the interest therein of the widow, who had renounced a devise in her favor and to whom dower had been set apart in the property, and also the interests of others to whom the property should go under the terms of the will. After the condemnation proceedings had been, commenced, the sole surviving executor filed an equitable pe