Harris

This is an action to recover judgment for the sum of $434.40, being defendant’s proportion of an assess ment levied by plaintiffs as trustees upon the land embraced in Sand Mound Reclamation District No. 1, Contra Costa County, and to have the same ¡declared to be a lien on defendant’s land and for the sale thereof “in the usual way according to the practice of this court in such cases made and provided to satisfy said lien” and “for such other relief as may seem meet,” etc. A demurrer was overruled, and, defendant refusing to answer, plaintiffs had judgment “for the sum of $275.40, which sum is, by virtue of the agreement set forth in said amended complaint, a valid lien upon the lands and premises.” The usual foreclosure sale was adjudged. Defendant appeals from the judgment.

It appears from the amended complaint that certain landowners in Contra Costa County, including defendant, being desirous of reclaiming their lands from the tide overflow, on April 23,1894, entered into an agreement in writing, fully set forth in the complaint. There was an old levee then in existence and what is referred to as the new levee also partly constructed, and the agreement contemplated the…