Talbot

—Defendants Wake and several other property owners have appealed from a judgment of foreclosure and sale of property subject to a street improvement bond issued in 1957 under the provisions of the Improvement Act of 1911 (Sts. & Hy. Code, div. 7, § 5000 et seq.). The judgment was entered following the granting of plaintiff bondholder’s motion for summary judgment. The property owners contend that the failure to record the warrant, assessment and diagram as required by section 5372 of the Streets and Highways Code, rendered the assessment and the bond issued thereon unenforceable; and that the defects in the proceedings were not cured by any validation acts, or by the passage of any prescribed period of limitations. They also assert that there is a triable issue of fact, if the assessment and bond are valid, as to whether their property is the property referred to in the assessment and bond. The bondholder asserts that there was compliance with the provisions of section 5372, and that any attack on the proceedings pursuant to which the bond was issued is barred by curative acts and by statutes of limitations. He contends there is no triable issue of fact as to the…