Corson

This is an action to quiet title to certain real estate. The plaintiff had judgment, from which this appeal is prosecuted by the defendant, Josephine Arata, upon a transcript of the record prepared in pursuance of the provisions of section 953a of the Code of Civil Procedure.

The plaintiff claims title under a deed executed by the Modesto Irrigation District, a corporation, the property in dispute lying within the boundaries of said district, and having been sold on default of the owner in the payment of an assessment levied thereon by the district in the year 1905.

The appealing defendant challenges the validity of the sale and deed, and the objection so made presents the only questions involved in the controversy.

The lands in question consist of lots 1, 2, 3, 4, and 5, in block 123, of the city of Modesto, and, as stated, are embraced within the limits of the said irrigation district, and were assessed to the appealing defendant.

The appellant was the daughter of one Giovanni Arata, who died testate on the twenty-second day of March, 1897. With the mother, and other surviving children of the. deceased, she was made a devisee in trust of a certain designated portion of the…