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HUBENTHAL ET AL. v. CRAIN ET AL.

No. 29,691.

239 Ind. 646 (1959)

159 N.E.2d 850

HUBENTHAL ET AL. v. CRAIN ET AL.

Supreme Court of Indiana.

Filed July 9, 1959.

Attorney(s) appearing for the Case

Hillis & Hillis, John T. Hillis and Tom F. Hirschauer, all of Logansport, for appellants.

Hanna & Small, Frederick Hanna and Norman Kiesling, all of Logansport, for appellees.

ACHOR, C.J.

This cause was initiated by a petition filed in the Cass Circuit Court for "the cleanout, alteration and repair of the Gault Drain." The Gault Ditch was first established in the year 1907 (see Murray v. Gault (1913), 179 Ind. 658, 101 N.E. 632) as an open ditch, extending through the counties of Cass, Fulton and Pulaski.

The petition was docketed and referred to the Cass County Surveyor and...

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