Weyse

This action is prosecuted to secure an injunction restraining defendant, tax collector of the county of Los Angeles, from selling certain real prop *198 erty, known as Naud’s warehouse, for delinquent taxes for the year 1887-88. Judgment for defendant, motion for new trial denied, and plaintiffs appeal.

Plaintiffs were the owners and in possession of divers pieces of real property, and, among others, of that known as Naud’s warehouse, holding the same as tenants in common, the plaintiff O. G. Weyse being the manager, and having the control thereof. In or about the month of April, 1887, 0. G. Weyse, in response to the. demand of the assessor, made out and delivered to said assessor a statement under oath, in the form prescribed by law and required by that officer, giving a description of what he claimed and swore to be all the property owned by or in the possession or under the control of himself or his co-tenants on the first Monday of March in that year. This statement included the lot and warehouse in question, with divers other pieces of real estate, and a list of personal property, but did not include any goods, wares, and merchandise on store in the warehouse. Subsequent…

I concur in the judgment.