Washburn

The question involved here is the manner in which a school or schools are located in union school districts. In this case a union school district, later known as “Feather Eiver Union School District,” was organized as required by law by merging two existing school districts in Yuba County. Shortly after the formation of the Union School District the defendants Mann, Beard, Hanson, Parsons and Shaver qualified as trustees of the district, and later proceeded and attempted to select and purchase a site for the Union Schoolhouse and grounds. In doing this they adopted the procedure provided by section 1611 of the Political Code, deeming this section applicable because of section 1589a, Political Code, which provides: “The powers and duties of boards of trustees in union . . . school districts shall be such as are now or may hereafter be assigned by law to boards of school trustees except as otherwise provided in- sections one thousand five hundred and eighty-five to one thousand five hundred and ninety-one c of this Code.”

Under the procedure adopted, that provided by section 1611 of the Political Code, the trustees selected a tract of three acres of land owned by the defendant J.…