Gillette

Action to quiet title to two certain lots fronting on Glenarm street in the city of Pasadena, described as lots 24 and 25, Mills tract.

Defendants admit plaintiff’s title to the property, but claim and assert a lien thereon by virtue of an assessment for the cost of certain street improvement work done under the street improvement act, which lien they ask, by cross-complaint, to have foreclosed. The court made its findings upon which a decree of foreclosure was rendered in accordance with the prayer of defendant’s cross-complaint. Plaintiff appeals from the order denying its motion for a new trial.

The city council of Pasadena by resolution in due form declared its intention to improve Glenarm street from the east line of Pair Oaks avenue to the original east boundary line of the city, the width of which street is not disclosed by the record. It is admitted that on the face thereof all the proceedings were duly had and taken. Nevertheless, appellant claims that the resolution of intention and all the proceedings had thereunder were wholly void, for the reason that in said resolution of intention and proceedings had thereunder the city council included therein the private…