Collins

The plaintiff, Tulare Irrigation District,, is a public corporation organized under the act of the legislature, approved March 7,1887, generally known as the Wright. Act [Stats. 1887, p. 29], The other parties plaintiff are members of the board of directors of the irrigation district and owners of land within its territorial limits. In 1894 oneMosier recovered a judgment against the district for damages-suffered by him through the negligence of the district in flooding his land. The judgment was never satisfied, but was kept in force by subsequent actions thereon. In 1896 he caused execution to issue on his judgment, directing the sheriff to levy upon the personal property of the district, and, failing to find sufficient thereof, then to levy upon the real property of the district. This execution was placed in the hands of the defendant Collins for service, and he levied upon certain lands owned by the district and gave notice of sale. This action was thereupon brought to restrain him from making such sale. The court found the facts as above recited, and additionally found that the lands sought to be sold, though owned by the district, were not within the plan adopted by the…