Lelande

Under the law of 1895 (Stats. 1895, p. 248 et seq.), as this law has been amended (Stats. 1909, p. 807; Stats. 1911, p. 446), the board of supervisors of the county of Los Angeles proceeded with the organization of the Rubio Protection District of Los Angeles County, caused work to be done, and an assessment for the payment of this work to be declared. That assessment, under the law, becomes a lien upon the property benefited when the county clerk, as ex-officio clerk of the board of supervisors, places the proper documents in the hands of the county tax collector. This action was directed against the county clerk and the tax collector to restrain the one from delivering, the other from receiving and filing, these papers. In its essence, then, the action is to prevent a cloud from being placed upon the titles of plaintiffs’ property by a colorable but unlawful assessment lien. A general demurrer was interposed to this complaint, and being overruled, the defendants declined to answer. Judgment passed for plaintiffs accordingly and defendants have appealed. Upon this appeal several questions are formally presented and argued. The determination of all is not necessary to a decision,…