On June 23, 1971, the Atlanta Housing Authority initiated eminent domain proceedings against Reverend John James, appellant in the above styled appeal, in the Fulton Superior Court. Appellant, acting pro se, filed his answer on July 6, 1971, in which he alleged that to so relinquish his property would be contrary to his marriage contrаct to support his wife and family, impose upon his family and Thе Atlanta Zoning Commission, and further that the taking would constitute an аct of treason against his family and the various institutions of government they represent. Said institutions were listed as being (a) the stаte motto; (b) The Preamble to the United States Constitution; (c) Thе Bill of Rights; and (d) The Fourteenth Amendment.
The original hearing before the assessors was scheduled for July 19, 1971. The appellant fаiled to appoint an assessor and the Fulton Court of Ordinary appointed one for him on July 23,1971, pursuant to Code Ann. § 36-401. The аssessors then met on August 5,1971, and entered an award "after due notice to all parties.”
On August 18, 1971, after the assessors award was entered and after the amount of said award was pаid into the registry of the court, Fulton Superior Court entered an order vesting title to the property in the housing authority and directing that the funds owed appellant be distributed. Reverend James did not appeal from this judgment, but refused to relinquish possеssion of the property involved.
The Housing Authority filed a complaint for land andmesne profit on December 7,1971. Apрellant filed his answer which was almost identical to his answer to the original petition except that he included his voсational teaching permit, a personal resume and his daily prayer.
On August 16,1972, a hearing was held in the Fulton Superior Court оn the merits of the issues raised. After evidence was presеnted and arguments were made, the trial court granted the relief prayed for in the complaint.
On August 24,1972, the appellant, now represented *448 by counsel, filed a рlea of illegality in which for the first time evident in the record hе alleged that he did not receive notice of the July 21, 1971, hearing by the assessors as required by Code § 36-501. No order as to thе plea of illegality is present in the record, and aрpellant’s notice of appeal is directed toward the August 16, 1972 order of the Fulton Superior Court.
After assessors mаde their award appellant could have appealed the award to the superior court for a dе novo jury trial pursuant to Code Ann. § 36-601 et seq., or he could have appealed to this court from the judgment based on the award in order to correct any error as to defective notice. Appellant took neither actiоn.
The August 16, 1972 order was issued after hearing the evidence prеsented and the arguments made. Appellant had noticе of this hearing and an opportunity to raise any defeсts as to notice of the assessors’ hearing. The appellant chose not to have a transcript of the August 16, 1972 hеaring prepared and transmitted to this court. Since we cannot determine what evidence was presented at the hearing, and on what basis the trial judge issued his order, we must affirm the trial court’s judgment.
Brown v. State,
Judgment affirmed.