City of Fresno v. Fresno Irrigation District

This action was brought by plaintiff to obtain a decree quieting its title to certain lands and to enjoin the defendants from selling said lands for the payment of an assessment levied thereon by the defendant district and from levying any tax or assessment against the lands. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against them or either of them, which demurrer was overruled.

The defendants did not answer the complaint, and judgment was then rendered in favor of the plaintiff, from which judgment the defendants have appealed.

In brief, the complaint alleges as follows: That the plaintiff is, and since October 27, 1885, has been a municipal corporation; that the defendant, the Fresno Irrigation District, is and since July, 1920, has been a public irrigation district organized under the laws of the state of California, and that the defendant, Will Sutherland, is and ever since the organization of the said district has been the collector of said district; that the plaintiff owns and since April 6, 1907, has owned certain real property situate within said district and consisting of 812 acres of…