County of Pembina v. Nord

The object of this action is.to condemn a strip of land adjoining an established public drain in Pembina County, known as Drain No. 20. The county seeks to acquire a right-of-way and easement over said strip of land to the end that it may be used incident to the cleaning out and repairing of said Drain No. 20. The defendant Nord is the record-title owner of the strip of land sought to be condemned. He interposed a demurrer to the complaint on the grounds “that said plaintiff is without legal capacity, power and/or right to sue in said action or proceeding; that said complaint does not state…