121 Ark. 13 | Ark. | 1915
(after stating the facts). The only question presented by the appeal is whether or not the trial court erred in excluding the lands embraced in Drainage District No. 16 from the petition for the establishment of Keystone Drainage District, .and in establishing the latter ■district with those lands excluded.
In Lee Wilson & Co. v. Compton Bond & Mort. Co. 103 Ark. 452-463, we said: “It is also urged that one tract of land included in this drainage district was located in another drainage district, and was therefore not subiect to an assessment in this district, which, it is claimed, would be making a double assessment upon this land for drainage purposes. But this question involves solely the 'amount of the benefits which such laud receives from the drainage system within this district, and with which it should alone ibe charged. It does not involve the power to include this land within the drainage district. The land may ibe benefited by both drainage districts. ’ ’
And in Sembler v. Water & Light Imp. Dist. 109 Ark. 90, we held that one improvement district may be embraced “in a new district covering a broader territory if additional benefits accrue to the property in the old district.”
The judgment of the court in establishing the Keystone Drainage District, .and excluding the lands embraced in Drainage District No. 16, was erroneous and it was a final order from which petitioners had a-right to appeal. The establishment of such district, after excluding the land embraced in District No. 16, was not in conformity with the prayer of their petition, and the district thus created had no basis, under the statute, to rest upon. The judgment is therefore reversed and the cause 'will be remanded with directions to dismiss the intervention of the commissioners of Drainage District No. 16, and for further proceedings according to law.