Hershey

This action was prosecuted by plaintiff to foreclose a lien upon the lands of defendants under a reclamation district assessment imposed upon those lands. Plaintiff was given judgment and from that judgment and from the order denying defendants’ motion for a new trial defendants have appealed.

In 1907 the original plan of reclamation of this district was reported to the board of supervisors of Yolo County, was adopted and an assessment levied in conformity therewith. This assessment was contested by these appellants, and in Reclamation District v. Hershey, 160 Cal. 692 , [ 117 Pac. 904 ], their appeal from the adverse judgment of the trial court was considered and denied.

Plaintiff, Reclamation District, is bounded on the north and east by the Sacramento River; on the south by an east and west line, and on the west by the right of way of a railroad company. In the northwesterly corner of the district is a part of the town of Knight’s Landing, the town extending northwesterly. The waters against which the district was organized to protect itself were those of the Sacramento River proper and those of Cache Creek, a tributary of the river, lying westerly of the district. The severe…