City of San Diego v. Linda Vista Irrigation District

The city of San Diego brought this action against said irrigation district and its directors and officers, to quiet its title to several parcels of land, containing in all nearly three thousand acres. The defendants answered the complaint, alleging its organization under the act of March 7,1887, “to provide for the *192 organization and government of irrigation districts,” etc. (Stats. 1887, p. 29), and the acts amendatory thereof. The district was organized August 24,1891, and in 1892 it made an assessment upon all the lands in said district, including those of the plaintiff described in the complaint, and plaintiff having failed to pay the assessment so made upon its said lands, the same were sold on February 23, 1893, to the said irrigation district. These lands were described in the complaint as pueblo lands of the said city, and the answer alleged “ that said real property, consisting of lands owned by said plaintiff, was acquired by it as pueblo lands, and held as such until the sale thereof as hereinafter stated, and that said lands now are, and at all the times herein referred to were, dry, vacant, unoccupied, and uncultivated agricultural lands, susceptible to cultivation…