131 Ind. 598 | Ind. | 1892
The only question in this case not settled by the decisions in the cases of Racer v. State, etc., ante, p. 393, and Curry v. State, etc., ante, p. 439, is that which arises upon the contention of the appellant’s counsel that the description of the land assessed is so defective as to make the assessment ineffective.
The description is so radically defective that the assessment can not be enforced unless corrected. A valid description is essential to the validity of an assessment. Zigler v. Menges, 121 Ind. 99; Ross v. State, etc., 119 Ind. 90. This is conceded by the appellee’s counsel, but it is insisted that, as the complaint shows that the defect was caused by the mistake. of the drainage commissioner it may be corrected, the description reformed, and the assessment enforced against the
Judgment affirmed.
