29 N.E.2d 523 | Ill. | 1940
This is an appeal from a decree of the circuit court of Logan county foreclosing the lien of an assessment levied for the construction of a drainage system in Lower Salt Creek Drainage District. Appellants claim that after the assessment was confirmed the contractor failed to complete the work; that, on that account, their lands were not benefited; that the foreclosure proceeding was the first opportunity they had to question the benefits, and that the chancellor erred in refusing to permit them to make such proofs.
The facts are stipulated. Appellee was legally organized in 1921 under the Levee act of 1879, as amended. (Ill. Rev. Stat. 1939, chap. 42, par. 1, et seq.) In March, 1929, an assessment of $250,693.63 against the lands in the district was confirmed by the county court of Logan county, payable in fifteen annual installments, beginning January 1, 1934, with interest from date of confirmation. All parties owning any interest in the land involved in this suit were parties in the assessment proceedings and no writ of error or appeal was taken from the confirmation order. Under another order of the county court, bonds of $193,000 were issued, bearing date July 1, 1929, maturing serially in the same years as the assessment. The treasurer of the district annually gave the statutory notice of the installments of assessments and interest due. Appellants own 240 acres in the district, assessed at $7711.40. None of the installments or interest was ever paid. Each year from 1931 to 1937, inclusive, the treasurer of the district certified the land as delinquent to the county collector, who duly advertised, took judgment and offered the lands for sale. No purchases of the land were made and it was forfeited to the State for non-payment. The decree finds the total amount of delinquent installments, interest and penalties to be $7511.17.
Appellants' answer to the complaint alleges the work for which the assessment was levied has never been completed; *337 that insufficient work was done at the outlet of the district, as a result of which their land is subject to overflow to the same extent as it was prior to the organization of the district, and that the work done increased the volume of water received by Salt Creek, resulting in damage to their land. At the hearing, an objection was sustained to testimony offered by appellants for the purpose of showing the assessment exceeded the benefits from the work done.
Appellants rely upon People v. Soucy,
Appellee discusses other features of the issue, but they are unnecessary to be mentioned. The decree of the circuit court is affirmed.
Decree affirmed. *339