The judgment of the court below in this case-will be reversed, upon the authority of the following cases, to wit: Comm’rs of Saline Co. v. Geis, 22 Kas. 381; Comm’rs of Lyon Co. v. Goddard, 22 Kas. 389.

See also the following statutes, under none of which can the plaintiffs’ cause of action, as they have stated it in their petition below, be maintained, to wit: Gen. Stat. 1868, p. 1058, § 120; Laws 1876, p. 96, § 145; Comp. Laws 1879, p. 968, § 145.