Swamp-Land Reclamation Dist. No. 407 v. Wilcox

Citations

• 75 Cal. 443
• 17 P. 241
• 1888 Cal. LEXIS 565

Syllabus

<p>Swamp-land—Assessment—Record of Order op Supervisors—Alteration op—Evidenoe. — In an action to enforce the payment of a swampland assessment, the record as entered in the minute-book of the board of supervisors of the order of the hoard appointing commissioners to view the land and make the assessment is prima facie evidence of the facts stated therein; and where the record as originally entered is shown to have contained a clerical error, it may be altered so as to conform to the order as actually passed by the board, and as so altered is admissible in evidence.</p> <p>Id,—Description of Land Assessed.—In the assessment list the land assessed to the defendant was described as being a portion of two swampland surveys “hounded on the north by the lands of Mrs. R. F. Davis, on the east by the lands of L. C. Rube, on the south by the lands of the Pacific Mutual Life Insurance Company, and on the west by Old River; number of acres, one hundred”: held, that the description was sufficient.</p> <p>Id.—Presumption of Regularity of Assessment.—In the absence of evidence to the contrary, it will be presumed that the commissioners in viewing the land and making the assessment conformed to the requirements of section 3456 of the Political Code.</p> <p>Id.—Dollar-mark — Omission . of when Immaterial.—The failure to place a dollar-mark before the figures intended to designate the amount of the charges assessed against a particular person is not fatal to the assessment against him, when it appears from the record that such assessment was only one of a number of others contained in the list, and that in a number of cases there was a dollar-mark preceding the figures in columns headed with the words “amount of charges assessed.”</p> <p>Id. — Oath of Commissioners. — Such an assessment is not rendered invalid by the failure to show that the commissioners took, subscribed, and filed their oath of office in the office of the county clerk before they assessed the land and made the as