County of Todd v. County of Morrison

Controversy submitted on an agreed case pursuant to G. S. 1923 (2 Mason, 1927) § 9415. There was judgment for the plaintiff, and the defendant appeals.

The facts are these: On January 11, 1908, proceedings were instituted in the district court of Todd county for the establishment of a judicial ditch running into Todd and Morrison counties, which are in the seventh judicial district. The ditch was established and afterwards constructed. All the proceedings were regular.

On October 5, 1920, there was filed in the office of the county auditor of Todd county a petition for the repair of the ditch…