Ahlman

This is an action to quiet title and to restrain the issuance of bonds upon plaintiff’s property for street work in the city of San Jose. Similar actions were brought against the defendants by four other property owners. By stipulation, the actions were consolidated and tried together.

The only pleadings in the record before us are the complaint .of the plaintiff, Ahlman, and an amendment thereto, and the answer of defendant, the Barber Asphalt Paving Company. Respondent, in his brief, states that said answer was adopted by the other defendants, and we will so consider it, although there is a reference in appellants’ specifications to a separate answer of the defendants, Lightston and Farrell.

There is no denial in. the answer of plaintiff’s allegation of ownership of the property in question.

Paragraph 5 of the complaint alleges that the defendants and each of them claim some interest in or lien upon said property, but that such claims are wholly without right. The answer denies this allegation and' alleges that defendant, the Barber Asphalt Paving Company, does claim a lien upon said property and that its claim is neither wholly nor at all without right. The court found in…