Scott

This is an appeal from a judgment denying plaintiff an injunction. The plaintiff brought suit to enjoin defendants from selling real property in the city of Porterville in a proceeding for the foreclosure of bonds issued under the “Improvement Act of 1911”. (Deering’s Gen. Laws, Act 8199.)

The facts in this case are undisputed and are aptly set out in the findings of the trial court and we quote therefrom the portions pertinent to this appeal.

“That during the years 1914 and 1915, the defendant Federal Construction Company entered into certain contracts with the board of trustees of the City of Porterville, under and by virtue of that certain act designated as the ‘Improvement Act of 1911’ and acts amendatory thereof, under which contracts said defendant Federal Construction Company improved certain streets in said City of Porter-ville by constructing pavements thereon; that assessments for the cost of said improvements were made and issued by the superintendent of streets of said City of Porterville, from which assessments certain owners of property against whose property assessments were levied, appealed to the board of trustees of said City of Porterville from said…