
    The New Eel River Draining Association v. Carriger.
    Draining Association. — Assessment.—A draining association under the laws of this State can have no corporate existence or power to make a valid assessment upon the lands affected by the drain, until its articles of association have been recorded.
    APPEAL from the Boone Circuit Court.
    
      A. J. Boone, B. W. Harrison, O. S. Hamilton and C. C. Galvin, for appellant.
    
      J: M. Butler and C. C. Nave, for appellee.
   Frazer, J.

The appellant, is a draining association incorporated-under the laws of this State. It sued to enforce against lauds benefited by its work, an assessment which had been made before its articles of association were recorded. This appearing by the complaint, a demurrer thereto was sustained by the court below.

There is no error. Until the articles óf association were recorded there could be, under the statute (1 G. & II. 303, sec. 5), no corporate existence, and, of course, no power to make a valid assessment upon the lands affected by the drain.

The judgment is affirmed, with costs.  