158 Iowa 322 | Iowa | 1912
In the year 1909 a proceeding to establish a drainage district known as the “Pigeon creek extension ditch” was pending before the defendant board of supervisors. The proposed district embraced the eighty acres of land in controversy, which was then owned by Emma Jones, whose maiden name was Emma Forsythe, and her husband was one of the petitioners for the district. During the pend-ency of the proceedings, which were regular in every respect, Emma Jones and her husband contracted to sell the land to one Rhodes. This contract was not recorded. By the terms thereof possession was to be given March 1, 1910. Plaintiff purchased the land by taking an assignment from Rhodes, but did not go into possession of the land until March 1,1910. He obtained his deed, however, on February 7th, and recorded it February 9th. Before getting the deed, and on January 22, 1910, he filed with the board of supervisors his claim for damages to the land by reason of the establishment of the district. This claim was disallowed by the board, and plaintiff appealed to the district court. The lands were then assessed for benefits, and plaintiff appealed to the district court, but did' not file his petition in that court
I. The notice given in this case pursuant to Acts 33d G. A. chapter 118, was directed to a long list of owners, including the name Emma Forsythe J ones, and the time for hearing was fixed as January 24,1910. Plaintiff did not file his claim until January 22d of that year, and, of course, it was not in time.
But it is contended for him that notice was insufficient because addressed to “Emma Forsythe Jones,” instead of ‘ ‘ Emma J ones. ’ ’ The law with reference to this matter is as follows:
When the plan, if any, shall have been finally adopted by the board of supervisors, they shall order the auditor immediately thereafter to cause notice to be given to the owner of each tract of land or lot within the proposed levee or drainage district, as shown by the transfer books of the auditor’s office, including railway companies having rights of way in the proposed district, and to each lienholder or encumbrancer of any land through which or abutting upon which the proposed improvement extends as shown by the county records, and also to all other persons whom it may concern, including actual occupants of the land in the proposed district (without naming individuals), of the pendency and prayer of said petition, the favorable report thereon by the engineer and that such report may be amended before final action, the day set for hearing on said petition and report before the board of supervisors, and that all claims for damages must be filed in the auditor’s office not less than five days before the day set for hearing upon the petition, which notice shall be. served by publication thereof once each week for two consecutive weeks in some newspaper of general circulation published in the*327 county, the last of which publications shall be not less than twenty days prior to the day set for hearing upon the petition, proof of such service to be made by affidavit of the publisher and filed with the county auditor. (Acts 33d G. A. chapter 118.)
Nor can he by action in equity have his damages assessed.
No reason appears for disturbing the orders and judgments appealed from, and they are each and all Affirmed.