Millikin v. Fearnside

Citations

• 20 Ohio C.C. Dec. 45

Syllabus

<p>ASSESSMENTS — DRAINS AND DITCHES.</p> <p>Parker, Wildman and Haynes, JJ.</p> <p>1. Acquiescence to Ditch Improvement by Silence.</p> <p>Where an open county ditch, running through the land of plaintiff, is constructed into a brick sewer, thereby changing it from an open ditch to a closed sewer — and such change being a benefit to the property— one joint owner, after having silently stood by and allowed his land to be so benefited without objection, cannot resist the collection of the assessment therefor, because of irregularity of the proceedings.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Assessments,” §§ 544-599. — Ed.] ft. Power or Joint Owner to Bind Others por Ditch Improvement.</p> <p>One of five joint owners of a tract of land within a municipality, and who has the actual management and control thereof, may bind his cotenants to a proposed improvement of a county ditch running through the premises by signing a petition therefor.</p> <p>[Si'' abus approved by the court.]</p>