Strickland v. Elliott

Citations

• 27 N.M. 238
• 199 P. 1016

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chapter 31, Code 1915, as amended by Laws 1919, c. 156, furnishes a comprehensive and complete system of judicial procedure relative to drainage, adequate to the protection of every right and interest attaching to the ownership of land situated in a drainage district organized pursuant to the act, and all owners of such lands subject to the control of the drainage district, as organized, are parties to such proceedings and concluded by final decrees entered by the court having jurisdiction. Such decrees not being subject to collateral attack, the only remedy permitted to an owner aggrieved by such decree is by appeal seasonably taken to the Supreme Court. P. 239</p> <p>2. Where the owner of land situated in and affected by a drainage district brings an action to exonerate the land from the assessment for benefits, and the lien attaching therefor, upon the allegations that the drain as designated in the survey or report filed, which formed the basis of such assessment, was not actually constructed, and that no drain was actually constructed that in any way benefited his land, such allegations do not state a cause of action, because such survey or report is not final upon filing, but is subject to modification until confirmed by the court. P. 241</p>