Peatman v. Worthington Drainage District

The above case was instituted in the name of Clarence A. Peatman, plaintiff, v. Worthington Drainage District, defendant. After judgment in favor of plaintiff there was an appeal to the Supreme Court and the case was transferred here on jurisdictional grounds. [Peatman v. Worthington Drainage Dist., 168 S.W.2d 57.] Pending said appeal the plaintiff died and thereafter, by stipulation of the parties, the case was revived in the name of Binney Peatman, Admx., plaintiff-respondent.

The issues in the case were framed in the following manner: The petition alleges that plaintiff owns certain…