Uhl v. Moorhous

The appellant sued to enjoin the enforcement of an assessment for the construction of a public drain through his lands. The only defect in the drainage proceeding alleged as a cause for injunction was that the owner of the lands, at the time of said proceeding, was not a party to, and had no notice of, the proceeding.

It is the rule of this case that it was necessary to the validity of said assessment that notice should have been given to the actual owner of said lands. McCollum, v. Uhl, 128 Ind. 304.

In the trial it was admitted that in 1872 one George Uhl was the[owner of the lands by proper…