In Re Petitions for Cancellation of Ditch Assessments

1 Reported in 5 N.W.2d 64. Three landowners separately petitioned the district court of Martin county for an order determining that all or a part of a ditch assessment levied by the county board of that county on July 11, 1939, is "null, void and illegal" and cancelling the same of record. The proceedings were tried together in the district court and are so submitted here on appeal.

The trial court found in each case that the assessment was duly and properly levied against the land pursuant to Mason St. 1927, § 6840-53, "for the purpose of creating a fund for keeping in repair a certain…