Berry
Bates v. Berry
Opinion
Lead Opinion
Tyler, J.
Action to quiet title to nine separate parcels of land owned by the various plaintiffs herein..
The complaint is in the ordinary form. Defendants by their answer admit that defendant Berry claims to have a lien in and upon each of the several parcels of real property described in the complaint, and by way of cross-complaint and for the purpose of obtaining affirmative relief they allege that certain proceedings were had under the Street Bond Act of 1893 (Stats. 1893, p. 33), for street work done under the Vrooman Act (Stats. 1885, p. 147, as amended), by which certain bonds were issued against the several parcels of land in question. From the record it appears that certain proceedings leading up to the issuance of the bonds were inaugurated in June, 1912, when the city council of San Jose passed its resolution of intention for the improvement of Alum Rock Avenue, providing for a concrete base, asphalt covering, concrete gutters, and corrugated iron culverts. The work was done under the Vrooman Act, the cost to be collected under the Bond Act of 1893. Ransome-Crummey Company, a corporation, was the successful bidder. A notice of the award was posted January 31, 1913, and published…