Chase v. City Treasurer of Los Angeles

Citations

• 122 Cal. 540
• 55 P. 414
• 1898 Cal. LEXIS 628

Syllabus

<p>Void Street Assessment—Threatened Sale of Property—Injunction. An injunction will lie to restrain the threatened sale of the real property of the plaintiff by tbe city treasurer to pay an amount claimed to be due on a void bond, and assessment for a street improvement, under the provisions of the act of March 17, 1891 (Stats. 1891, p. 116), and of the so-called Vrooman act of March 18, 1885. (Stats. 1885, p. 147.)</p> <p>Id.—Cloud Upon Title—Effect of Deed as Evidence.—Such sale, if consummated, would cast a cloud upon plaintiff’s title. The deed to be executed thereunder is by statute made prima faoie evidence that the property was duly assessed, and conclusive evidence of the regularity of all other proceedings, and to defeat the assessment and deed, the plaintiff must resort to extraneous evidence, which is the test of his right to invoke the aid of equity to restrain the sale.</p> <p>Id.—Tender Unnecessary.—No tender is necessary to be made of any part of a void assessment as a condition of equitable relief against its enforcement.</p> <p>Id.—Appeal to City Council.—An appeal to the city council is not required where the assessment is void by reason of incurable defects.</p> <p>Id.—Notice of Intention—Unauthorized Publication—Want of Jurisdiction.—An unauthorized publication of the notice of intention to do street work in a paper other than that designated by the council for that purpose, as required by section 3 of the act of 1891, is in effect no publication thereof, and cannot give jurisdiction to order the work to be done.</p> <p>Id.—Void Contract—Improper Delegation of Power.—Specifications in the contract for street work delegating duties which the council alone can perform render the contract and the assessment thereunder void.</p>