Faulkner Lake Drainage Dist. v. Williams

• Decision Date: 19 October 1925
• Docket Number: (No. 184.)
• Citation: Faulkner Lake Drainage Dist. v. Williams, 169 Ark. 592, 276 S.W. 604 (Ark. 1925)
• Parties: FAULKNER LAKE DRAINAGE DIST. et al. v. WILLIAMS.
• Court: Arkansas Supreme Court

Page 604

276 S.W. 604

169 Ark. 592

FAULKNER LAKE DRAINAGE DIST. et al. v. WILLIAMS.

(No. 184.)

Supreme Court of Arkansas.

October 19, 1925.

Rehearing Denied November 23, 1925.

Appeal from Circuit Court, Pulaski County; Richard M. Mann, Judge.

Mandamus by Mary M. Williams against the Faulkner Lake Drainage District and others. From an adverse judgment, defendants appeal. Affirmed.

Rose, Hemingway, Cantrell & Loughborough, and Charles Jacobson, all of Little Rock, for appellants.

Coleman, Robinson, House & Riddick, of Little Rock, for appellee.

HUMPHREYS, J.

This is an appeal from the judgment of the circuit court of Pulaski county, rendered in a mandamus proceeding, compelling appellants to petition the county court to increase the levy, over a period of five years or more, on the assessments of benefits to the lands in the Faulkner Lake drainage district 2.3 per cent. for the purpose of paying a judgment in the sum of $11,040, which appellee obtained in said court against said district. The facts in the case are undisputed, and, briefly stated, are as follows: The assessment of benefits to lands in said district totaled, after being increased by the Legislature, $166,672.90. These assessments have been reduced $2,882.62 by reason of the forfeiture of certain lands in the district to the state for the nonpayment of taxes, and $4,363.20 by lands taken from appellee in the construction of the improvement in the district, leaving a total balance of assessed benefits of $159,192.56, which bears 6 per cent. interest. In order to make the improvements in the district, two interest-bearing bond issues were made by the commissioners, one on November 1, 1916, for $75,000, bearing 5 per cent. interest, and the other on May 1, 1920, for $55,000, bearing 6 per cent. interest. These bonds were secured by a mortgage upon the total assessed benefits to the land in the district by the commissioners pursuant to the statute creating the district. The bonds matured serially up to and including the year 1936, and those which have matured, together with the interest on both issues, have been paid out of the levy made, pursuant to law, on the assessments. After sufficient levy was made to pay the bonds and interest thereon, and the deductions for forfeited lands and land taken in construction were made, it left a margin of $29,192.56 in assessed benefits. On June 26, 1920, appellee obtained a judgment against the district for $11,040 for damages resulting to her...