Wood

Joseph M. Wood in his lifetime commenced this action against James C. Jordan. Hpon his death, while the action was pending, his administratrix was substituted as plaintiff in his place.

*262 The action was to quiet title. Plaintiff claimed both by record title and by prescription. He was successful under his first claim and unsuccessful as to the second. Defendant appeals from the judgment and from the order denying him a new trial.

Plaintiff’s record title comes from the sale by the sheriff and his subsequent deed upon foreclosure of certain liens for street assessment upon the land in question. Defendant’s title comes by mesne conveyance from the owner of the lands affected by the actions to foreclose the street assessment, the deeds having-been made after judgments in the foreclosure suits. The attack upon plaintiff’s title is based upon the contention that the judgments in the foreclosure suits were void because of asserted irregularities in the assessments which were the foundation of the actions.

In the actions -to foreclose the liens of the street assessments, personal service of the defendants was had. They appeared and contested the action and the validity of the…