Tucker v. Indiana Asphalt Paving Co.

Nichols, C. J. —

Action by appellee Indiana Asphalt Paving Company, called “appellee” hereinafter, against appellants to foreclose a street assessment lien on real estate owned by appellant William Tucker in the city of Bloomington, Indiana. Appellants answered the complaint by a general denial. They also filed their cross-complaint in two paragraphs, the first of which alleged fraud on the part of the contractor in the construction of the street, and fraud on the part of the city in accepting the same and adopting the assessment roll. The second paragraph charged fraud on the part of the…