Labs v. Cooper

Citations

• 107 Cal. 656
• 40 P. 1042
• 1895 Cal. LEXIS 804

Syllabus

<p>Street Assessment—Diagram and Assessment—Recording—Variance. Any variance between the original and recorded diagram and assessment sufficient to prevent notice being given by an inspection of the record as to what property is sought to be subjected to the lien is material and fatal to the lien; but if the diagram and assessment, as recorded, do contain a sufficient description of the property, any variance from the original is immaterial.</p> <p>Id.—Omission oe Points oe the Compass.—A recorded diagram of a street assessment in the city of Sacramento which omits every thing contained in the original indicating the points of the compass does not contain a sufficient description of the property, and no lien can be founded thereon.</p> <p>Id.—Description by Number oe Lot—Reference to Map.—The description of a lot in the assessment and diagram merely by a particular number, which is the number that it bears on the official map of the city of Sacramento, is insufficient if there is nothing contained in the assessment referring to such official map. The court cannot take judicial notice that there is such a map, and the property owner is not chargeable with knowledge of it.</p>