40 Ind. App. 678 | Ind. Ct. App. | 1907
Appellee, as the owner of a bond issued by the city of Anderson for the improvement of Locust street in said city, sued to foreclose the lien of certain unpaid assessments against various lots abutting upon said improvement, and also upon back-lying lots and lands within one hundred fifty feet of the improvement. Special findings were submitted and conclusions of law stated thereon, and decree in favor of appellee foreclosing the assessment lien against the back-lying lands of appellants, and ordering that the same be sold to pay any balance unpaid after applying the proceeds from the sale of the abutting lots.
Appellants earnestly and forcefully urge both propositions as decisive of this case in their favor. The facts in the ease at bar are so nearly like those in the cases of Voris v. Pittsburg Plate Glass Co. (1900), 163 Ind. 599, and Cleveland, etc., R. Co. v. Porter (1906), 38 Ind. App. 226, and the law, as announced in the case first cited being reaffirmed on petition to transfer the case last cited, so fully settles the controlling question in this case, that it would be useless for us to take the time and space to express our views on the law applicable to the facts found.
Judgment affirmed.