Robinson v. Merrill

Citations

• 87 Cal. 11
• 25 P. 162
• 1890 Cal. LEXIS 1087

Syllabus

<p>Street Assessment — Foreclosure of Lien — Necessary Parties.—In an action to foreclose a street assessment upon a specific tract of land in the city and county of Sar. Francisco, under the act of 1871-72, all of the owners of the property assessed must he made parties defeudant, and the lien cannot he enforced against any of the owners, in the absence of another owner who is not joined as a defendant. '</p> <p>Id.—Burden of Proof — Pleading — Issue as to Ownership — New Matter. — The burden of proof that the defendants sued in such action are the owners of the land is upon the plaintiff, where such ownership is denied by the defendants; and an answer alleging that another person, not sued, owns an undivided interest in the land is in legal effect merely a denial of the averment of the complaint as to ownership by the defendants, and is not an averment of new matter casting the burden of proof upon the defendants.</p>