Wilson

In this case, a demurrer to plaintiffs’ amended complaint was sustained without leave to amend further, and judgment final was rendered for defendant. It is alleged in said complaint, among numerous other matters, that plaintiffs are the owners of lands situated within a certain irrigation district in Los Angeles county; that defendant was, prior to March 6, 1895, the duly elected and qualified collector of said district; that on February 15, 1895, he offered the lands of plaintiffs for sale to enforce an unpaid assessment levied thereon by the district for the year 1894, and that plaintiffs “ bid in” the same in order to prevent the purchase thereof by strangers; that on March 6, 1895, defendant ceased to be the collector of said district, and his successor was installed in office; that, nevertheless, on March 24, 1895, defendant resold to divers persons at public auction the said lands of plaintiffs, and issued certificates of sale thereof, which certificates are of record in the county recorder’s office, and are a cloud on plaintiffs’ title. There is no averment that defendant has any interest in the land or in the said certifi *55 cates of sale. It is prayed that the sale and…