Ellis

This is an appeal from an order and judgment of the court denying plaintiffs’ petition for a writ of mandate.

The petition alleges in substance that certain real estate belonging to plaintiffs was sold by the defendant treasurer of the city of Los Angeles, for failure to pay the installments of a certain street-improvement bond constituting a lien thereon, to the defendant Donegan for $4,435.34, which sum was the total amount of said bond and interest, and that said treasurer, as such, issued to Donegan a certificate of said sale. It was further alleged that notwithstanding the full payment of said bond by said sale the said treasurer failed and refuse! to cancel and mark it paid, and left it remaining as a lien upon said property.

A demurrer to the petition was sustained and the judgment appealed from followed.

We think the demurrer was properly sustained. There is nothing in the petition to show that the sale of the property was irregular or illegal. It will be .presumed that official duty has been regularly performed. We must therefore presume that the property was regularly and legally sold as provided by the statute, and that all the legal steps were taken necessary to…