MacKay

Plaintiff sued to quiet title to lands which were sold to the City of Los Angeles (defend ant) for a delinquent assessment levied against them to pay the expense of their acquisition by condemnation for park purposes. A demurrer was sustained and judgment was entered against plaintiff, who has appealed on the judgment-roll.

The acquisition of said lands resulted from proceedings instituted by the respondent City of Los Angeles under section 2 of the Park and Playgrounds Act of 1909 (Stats. 1909, p. 1066), which reads as follows: “Before ordering the acquisition of any land or lands for any purpose authorized in section 1 of this act the city council shall pass an ordinance declaring its intention so to do.” Section 1 of the act provides that “whenever the public interest or convenience may require, the city council of any municipality shall have full power and authority to acquire by condemnation any land situate in such municipality for public park .or public playground purposes”.

Appellant contends that -pending the accomplishment of the proceeding thus instituted the City of Los Angeles adopted a charter, one of the provisions of which, numbered section 176, follows: “No real…