McSherry

This action is brought to recover from the defendants a street assessment levied upon a lot having a frontage of one hundred and ten feet on the easterly side of Fillmore street, and between Vallejo and Broadway streets, city and county of San Francisco. The lot in question was assessed to unknown owners.

Defendants answered separately. Defendant Harriet E. Gulliver, in her answer, set up ownership in herself in severalty of four (4) feet of frontage in the lot on Fillmore street, averred her willingness to pay the assessment on said four feet frontage, and that she Rad *649 in fact made such payment. She further averred that her co-defendant was the attorney of plaintiff, and that, with a view to defrauding her, he procured the lot, to be assessed as one parcel of land. Defendant Wood denied the allegations of the complaint.

The court found that defendant Gulliver was the owner of a portion of the lot having a frontage of four feet, and that defendant Wood was the owner of the residue thereof, having a frontage of one hundred and six feet; that defendant Gulliver had paid her proportion of the assessment, and that the assessment was made upon the lot as a whole by the street…