Cox v. Shoe

The appellees filed a petition in the trial court alleging that the Lycurgus Matthews et al. ditch in Clinton and Hamilton counties (a drain which was specifically described and alleged to be one previously established by law) was out of repair and not sufficient to perform the drainage for which it was intended, and praying that it be reconstructed by removing the tile and converting it into an open or dredge ditch over a certain described part of its route. The petition contained the usual and necessary averments under §6196 Burns Supp. 1929 and described 23 tracts of land in Hamilton…