Hall

After an opinion rendered by this court on appeal of the instant proceeding a rehearing was granted by the supreme court, which entered an order directing that the matter be retransferred here for such action as this court might deem proper in- view of the amendment of section 12% of the Vrooman Act, passed in 1923 (Stats. 1923, p. 110). In other respects the opinion formerly written by this court must be regarded as having met with the approval of the supreme court. We shall therefore follow that opinion except for giving consideration to the point presented for the first time upon application for hearing before the supreme court, and which merely requires that we determine whether or not the act as it stood in 1921 (Stats. 1921, p>. 563), or the amendment of section 12% of 19-23, shall prevail in making the reassessment contemplated by our former opinion.

The action is one to quiet title to a number of lots in the city of San Diego.

In the defendant’s answer it asserts the ownership of a lien thereon arising -as the result of an assessment for the improvement of certain streets under the Vrooman Act. The trial court held that the lien was void because of the facts found, but…