New Eel River Draining Ass'n v. Durbin

Suit by the ETew Eel River Draining Association against Samuel S. Durbin, upon an assessment made upon the lands of the latter, to aid in the construction of a drain. Durbin filed an answer containing five paragraphs. Issue was taken on the third and fourth paragraphs, but as no question arises upon them in this court, they need not be further noticed.

The first paragraph alleges that at the time the assessment sued on was made, the articles of association of plain-till' were not recorded in the recorder’s office of Boone county, wherefore there was not at the time of making the alleged…