Smith v. State ex rel. Ely

In the year of 1883, William Rranstrator and others filed their petition, in the Allen Superior Court, asking for the establishment of a ditch to drain their lands. The proceedings were commenced under *662the act of April the 8th, 1881 (sections 4273 to 4284, inclusive, R. S. 1881), and resulted in the construction of the ditch for the purposes sought.

The appellants’ lands were assessed for the construction thereof. The report of the drainage commissioners described their lands in two separate tracts or parcels.

This action was brought to foreclose the lien on said lands. The complaint was in…