Gordon

The questions in this case arise out of the sale of certain property of the plaintiff to pay certain street assessment bonds which were issued by the city of Oakland in a proceeding taken by it under the Improvement Act of 1911. (Stats. 1911, p. 730.) The plaintiff brought an action to quiet title against the defendant, and the defendant answered, admitting that it asserted an interest in the real estate described in the complaint, and filed a cross-complaint, in which it set up all the proceedings leading up to the issuance of the bonds mentioned. Without going further into the pleadings in this case it may be said that the correctness of the lower court’s judgment quieting the plaintiff’s title to the land depends upon the validity of the street improvement proceedings. ■

The first point made by plaintiff against these proceedings is that the notice of the passage of the resolution of intention, required by section 5 of the Street Improvement Act of 1911 to be posted at intervals of not more than three hundred feet in distance apart along the line of the contemplated improvement, was not so posted, in this, that two of these noticés had an interval of 309 feet 4 inches instead…