Kemp

This is an appeal from a judgment foreclosing two bonds issued under the Improvement Act of 1911 on two pieces of property in the city of Oceanside in San Diego County. The case comes before us on the judgment roll.

Appellants urge that the judgment must be reversed because the complaint does not state facts sufficient to state a cause of action against them. No demurrer was interposed to the complaint.

It is alleged that the Guaranty Building and Loan Association of Los Angeles is a corporation; that on December 23, 1930, respondent was appointed receiver of the corporation by the United States District Court for the Southern District of California, and on March 9, 1932, was authorized and permitted to bring this action; that respondent was in possession and control, and entitled to the possession and control of the two street improvement bonds which were set forth in haec verba and were made payable to the North American Bond and Mortgage Company or its order; that respondent is the owner and holder of- the two mentioned bonds. The other allegations of the complaint are not material here. However, it should be noted that there is no allegation of an assignment of either of the…