Simas

Plaintiff and respondent had judgment, final order of condemnation, and order letting into possession in this proceeding, brought by the district attorney of San Luis Obispo County, under direction of the board of supervisors, as provided by section 2690 of the Political Code, to condemn a right of way for a public road which such board had theretofore determined should be laid out and opened over the lands of defendants and other persons not parties to this action. Defendants appeal from the judgment upon the judgment-roll, from the final order of condemnation upon a bill of exceptions, and from the order staying proceedings and letting plaintiff into possession .upon a bill of exceptions; and, in ease No. 9, from the order of the court denying a new trial.

The entire record in all of the appeals discloses that defendant McKeen owned a tract of land adjoining a' tract owned by defendants Simas and Lawuence; that the center line of the proposed road was the dividing line between said tracts; that the said proposed road continued over lands of the Bice estate, not parties to this action; that after the verdict and judgment, and upon payment into court of the condemnation money,…