Fourth District.

#### Joseph F. Derousse, appellee, v. Charles R. Bartels, appellant.

Action by lessee of land against the owner to recover the amount of special drainage assessment paid by the lessee to protect his interest. Judgment for plaintiff. Appeal from, the Circuit Court of Randolph county; the Hon. Louis Bernreuter, Judge, presiding. Heard in this court at the March term, 1921.

Affirmed.

Opinion filed November 10, 1921.

Rehearing denied April 5, 1922.

William H. Sehuwerk, Emery Andrews and R. G. Real, for appellant.

E. H. Wegener, for appellee; J. Ered Gilster, of counsel.

Mr. Presiding Justice Higbee

delivered the opinion of the court.