Omaha daily bee., 1912-01-08

deeds were described and Identified In
| the VIII and duly witnessed and deposited
with the Will as a part thereof. The will
provided that the lands so decided 10 the
said 81 antees therein shall be held and
/ possessed by them thereafter (attcr the
! death OF testatorD absolutely In fec sim
! pie" Held a valid devise OF the lands
| 50 described to the grantees so named.
1858. Duval against Johnson. Appeal
| from keye Paha. Reserved and re-
manded. Letton, J. Rose and Root, j. j.,
dissent.
:. Where I'm an action to foreclose q
| tax lien brought AGAINST a nonresident
neither the record nor the Ties in the
case furnish proof that a notice for con-
structlve service was ever published a
Judgment IN such proceedings is subject
| 10 cOllateIal attack.
?. a recital IN the judgment that the
I court finds that due ana legal notice OF
the filing ana pendency of this action
was given the defenuants' will not supply
! the lack of the facts necessary TO confer
! jurisdiction.
No. 2 against Stocker Appeal from
| Namaha, Reversed and remanded. Let
ton, }. Fawcett j., not sitting.
l. In levy1ng an assessment by a drain
age district that portion of land taken
for the right OF way of the ditch should
not be assessed to the land owner from
whose premises II is taken
2. In such assessments exact nicely of
apporuonment Is impossible II the re-
suit OF the improvement will be to spe-
cially benefit each tract or subdivision as
]
It's limits there are portions which are
not susceptible of cultivation and the
valuse of which II taken by themselves
and disconnected from the remainder OF
the tract would not be enhanced.
1926. Nemaha Valley Drainage District
| No. against Skeen. Appeal from Ne
maha; Affirmed. Letton, j. Fawcett, j.,
not sitting.
Upon an examination Of the evidence IT
is held to sustain the judgment of the
district court.
1881 Nemaha Valley Drainage District
No. , against Higgins. Appeal from Me-
maha. Affirmed. Letton, j. Fawcett, j.,
| not sitting.
In order to sustain an assessment made
! by a drainage board unuer chapter l6i,
| Laws 1907, II Is not essential that Ine levy
| be conlined to that portion OF tract OF
/ land iiaDie to be actually covered with
water In times of flood. IL the improve
| ment auds TO the value OF the NnOie OF
: The owners LAND or 10 an entire govern
( ment subdivision the assessment may Nbe
| mace accordingly.
| 1891. Allison against Holloway Appeal
! from Buttalo. reversed and renamed.
! Reese, &. j.
/, unuer the provisions of section gO2,
| chapter Z3 Comp. st. 1911 Cam. st. 1871,
/ Stc OJbD, an executor or aununlstralur
| has the rignJ to POSSESSION oI an the rt1i.
/ estate ana personal property belonging 20
/ the estate uI his ueCeueht. IN Orutu 40 en-
/ lufce ,nut rlgut ne may mHtutaln elect
menC aganst one without title ana wrong
/ Iuty III POSSESSION.
.. here foreign probated will is ad-
/ mitted 10 probate IN TINS state by a
! county court having JURISDICTION OF the
| subject mater, ana IrOm which no appeal
mas been taken, the proceeding anu decree
| or the prODaung court are auunisslDIe m
! evidence IN an action in eJeclment by the
! uumIniS Iatur Oh the estate of the devised
| unuer the will.
3. Where land. which a testator had the
! power To dispose OF by wIll, are devised
10 one who as IN life at the tine OF tne
! uecease or such testator, the deVlsee be-
| comes vested with the title thereto, sub
| Ject TO the proDauns Oh the VIII, IN the
/ absence of debts, and the proDaung OF
/ the VIII atter the death OF the ueNIsee
| renders eTtectuai the title IN ms OF hel
! estate,
4. mere deIenuant IN an eJectmenl
| SUIT pleaus Aln nIs answer ana upon lne
ttIai UILvrs eNIueuCe lenunls 10 prove
AS purchase OL tue Ianu IN uIspute LIUui
| ara fhotluwaS, uuucr whose NII liaiutIlL
Iianns tne pdS intnI Oh me pui ciase prCv
ana possvSsivn uituef tne coutt at Ca pu.-
| Cuasv, At Is enur 10 ueuIue tne case win
/ ouN uetcl InIntiiS tuat Issue.
1000. 4Nei"ot'a Nahey drainage Dlstrlct
/ NO. = against NlaI Cuiinlt. Appeal Iroul
ANehana, AIIrhieu' <Letton, =. raWcelt,
D., not sItung.
! /. A. Is sulD,ient to confer jurisdiction
| on lne distr,Ct court on appSal IIOin Il
nuatIng upon uDJeCuUns 10 t4Iv assessInen.
| "a Ianus tu pay tnGg gCUsL o. the impi uve-
meat py the Doaru OF superN isors OF a
drainage ulstrICl OiganIleu unuer me pro-
VISIONS Ol chapter lol, Laws lSUO, IA the
/ secretary snAII MAKE ana Iue a tTan-
/ SCRIPT OF SAID neaItng together with al
I tue papers relat.ns taereto with the CIerk
/ ul the district CuSirt IN winch SAID matter
/ has been Appealed.
2. ne amenunent made i'm 1909 Of chap
ter lol Laws 1870, commonly known as
| the Peabody act by which certain pro-
/ Visions providing for the IIlmg o. cams
/ for damages and a hearing thereon by
/ the boaru of supervisors IN connection
Win the assessment, We're omitted from
| the amenueu act, held not to render the
amended act unconstitutional as being in
violation OF section q, article 1, OF the
constitution.
! 3, In the taking or damaging OF private
property by "a drainage district corpora
I tlon in carrying out the purposes of it's
organization, the same principles apply as
/ TO the ascertainment OF damages as In the
exercise OF the right OF eminent domain
| Tor the location ol highway, the con
/ struCtion of a railroad or like Instance
where property Is taken or damaged fur
public use,
/ 4, The fact that special proceeding is
not provided Tor I'm the act i'm question
/ for the ascertainment OF damages TO land
not actually taken does not interfere with
| the right OF a land owner TO maintain an
/ action at law To recover his actual pecuni-
| 8, a drainage district corporation
4 founded under chapter l6l, Laws 1895 by
the, terms Of section 81 Is a body polite
/ and corporate and may sue and be sued.
! q, Where an engineer was appointed to
/ mako a survey, estimate and report for
a drainage district, under the act Of 1906,
I
profiles made in substantial conformity
/ with the provisions OF the act as IL then
/ stood, which was filed in January, 1909
/ was sufficient to vest the board OF super
visors with Jurisdiction.
] 7 \ person signing articles of incor-
poration for the formation. OF a drainage
/ district under chapter l6l. laws 1906, can
not limit The powers of the corporation
/ as to the manner in which the territory
/ within the district shall be drained by
Expressions In the petition filed for the
purpose OF the formation OF the dis
/ trict.
! \. Where a general plan or scheme
/ adopted for a drainage district consisting
OF over aOOO0 acres OF land in a river
1 valley provides as a part OF the plan for
\ the straiEhtening and clearing out of the
I channel OF the river and the excavation
of certain lateral bitches in order to more
: quickly dispose OF water from overflow
and that arising from surface waters
Rowing into the district from high lands
| adjoining. and the evidence shows that
] the lateral bitches are necessary 70 the