Madison County Ex Rel. Drainage District No. 5 v. Alston

To a bill brought to enforce collection of assessments for drainage construction, laid under Chap. 185, Acts of 1909, one of the defendant landowners filed an answer and cross-bill setting up by way of defense and seeking to recover and offset damages for certain alleged defects and deficiencies in the work as the result of which his lands had not proven to receive benefits from the improvement, but rather damage. The regularity of the original proceedings under which the assessments were made in 1915 or 1916, or those under which bonds were issued, is not challenged. Nor is it claimed that…