Robinson

This action was brought to foreclose a street-assessment lien upon a lot of land in the city and *12 county of San Francisco. The original complaint was filed in November, 1877, and an amended complaint in March, 1887. The court below gaxre judgment for the defendants, and the plaintiff appeals from, an order denying his motion for a new trial.

The complaint alleged, among other things, that the defendants were the owners of the property assessed. The answer denied this averment, and alleged that “ at all the times and dates of the proceedings set forth in the complaint, and particularly on the twenty-first day of May. 1877, the defendant J. C. Merrill and one Moses Ellis, who is not made a party defendant in this action, were the owners in common each of one half part undivided of the land mentioned in said complaint.”

At the trial, the plaintiff offered and read in evidence the original contract, assessment, diagram, and warrant, and affidavit of demand thereto annexed, together xvith the indorsements thereon, showing the due recording of all the papers, and also a deed of J. 0. Merrill, by the sheriff of San Francisco, conveying all the undivided one half part of the land in…