Armstrong
Barber Asphalt Paving Co. v. Armstrong
Opinion
Lead Opinion
Waste, J.
Plaintiff brought this action against a number of defendants, seeking to quiet its title to certain real property situate, in the city of Manhattan Beach. The defendant, Chester A. Bell, filed a cross-complaint seeking a like decree, and judgment was entered in his favor. The plaintiff appeals. The question presented for determination is one arising between plaintiff and cross-defendant, Barber Asphalt Paving Company, and the defendant and cross-complainant, Chester A. Bell. There is no dispute between them as to the facts, the controversy being purely one of law. Each claims title to the property in question by a deed from the treasurer of Manhattan Beach, issued pursuant to a sale after delinquency on a street improvement bond.
The board of trustees of the city of Manhattan Beach initiated certain proceedings for the grading and paving of Highland Avenue, under the Vrooman Act. Jurisdiction was duly acquired and the work was ordered. The contract for the work was entered into between the superintendent of streets of Manhattan Beach and the plaintiff, February 5, 1914. The assessment for the work was recorded October 6, 1914. On December 8th, following, a bond was duly issued…