Glann

The appeal is from a judgment in favor of the' county of Sacramento condemning certain land for a public highway. The land is located partly in the S. E. ¼ of section 9 and partly in the S. W. ¼ of section 10, T. 5 N., R. 5 E., M. D. M. The said S. E. ¼ was owned by Peter Glann, the estate of Vincent Glann, deceased, and the estate of Daniel Glann, deceased, in equal undivided shares, and the S. W. ¼ belonged to the said estates in equal shares. The action was brought against Peter Glann, individually, and in his representative capacity as executor of each of said estates. The judgment awards to each of the defendants the value of his respective interest in the land condemned and his proper proportion of the damage accruing to the part of the land not sought to be condemned by reason of the severance from the portion condemned and the construction of the road in the manner proposed by plaintiff. It is not disputed that the proceedings before the board of supervisors prior to the report of the viewers were entirely regular, but by reason of said report and the action taken thereon, it is claimed that the supervisors were deprived of jurisdiction to proceed any further toward…