73 P. 1061 | Cal. | 1903
This appeal is by the intervener from a judgment dismissing the action. The complaint alleges that plaintiffs are severally the owners of different tracts of land in Vineland Irrigation District, in the county of Los Angeles; that assessments for taxes were levied on the said lands in the years 1893 and for each succeeding year to and including 1898, the lands sold for taxes and bought in by said district at tax-sales; that the assessments were made for the purpose of raising money for the payment of interest on certain bonds issued by the district, and that the bonds are void for certain reasons therein stated; that the assessments upon, and sales of, the lands described in the complaint were irregular and void. Judgment was accordingly prayed that the assessments and sales of the said lands be declared void, and that defendant be enjoined from issuing certificates of *377
sale or other evidences of title to said lands, and that the said bonds of said district be declared void. The defendant by its answer denied the principal allegation of the complaint. The intervener filed his complaint in intervention, alleging that his intestate was at the time of his death the owner of certain bonds of said district upon which the interest was delinquent; that certain proceedings were had in regard to levying the assessments upon the lands described in the complaint and the sales thereunder, which, it is claimed, showed the assessments and sales to be valid. The intervener also alleged that the bonds of the district were valid, and set forth certain judgments by which it was claimed that their validity was duly adjudicated. When the case was called for trial, the court, upon plaintiffs' motion, dismissed it, and judgment of dismissal was accordingly entered. It is provided in section
The judgment should be affirmed.
Haynes, C., and Chipman, C., concurred.
For the reasons given in the foregoing opinion the judgment appealed from is affirmed.
Henshaw, J., Lorigan, J., McFarland, J.