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Defendants appeal from a judgment against them quieting plaintiff’s title to certain property in the city of Los Angeles as against the claim of defendants under a deed issued by the board of public works of said city to defendant Julia P. Warden after a failure of the plaintiff to redeem from the lien of a delinquent assessment previously levied against said property for public park purposes.

Appellants concede that the title is in the plaintiff, except as it may have been divested by the deed above mentioned and which was issued pursuant to proceedings had under the Park and Playground Act of 1909. (Stats. 1909, p. 1066.) Section 24 of this act provides that the purchaser must, at least thirty days before he applies for a deed, serve upon the owner of the property, and upon the occupant thereof, if occupied, a written notice of his intention to apply for a deed, and must also file with the board of public works an affidavit or affidavits showing that such notice has been given as required ; or, if the notice was not served upon the owner personally, that due diligence was used to find said owner. The affidavit of service here in question, so far as it is here material, is to…