Fargason v. Sevier Lake Drainage District

Citations

• 106 Miss. 694
• 64 So. 467

Syllabus

<p>Drains. Drainage. Establishment. Code 1906, chapter 39.</p> <p>Code 1906, chapter 39 provides that this chapter shall be literally construed to promote drainage and so where a petition for the establishment of a drainage district was referred to commissioners, and they were directed to go upon the lands and examine them, but did not actually go over the entire district, nor examine defendant’s lands, but engaged competent engineers to do so, and procured maps of the geological survey from the Federal Government. Since the statute merely makes the commissioners the agent of the chancery court to investigate and report their findings, which the court is not bound to accept, a decree including defendant’s land in the drainage district will not be reversed, because the commissioners did not actually go upon the defendant’s land.</p>