McKeeby

Action for damages. The court found the following facts: Under the provisions of the act of March 6, 1889 (Stats. 1889, p. 70), for laying out, opening, and extending any street et cetera, and to condemn and acquire any land necessary or convenient for that purpose, the city council of the *641 city of Los Angeles took all the steps required hy the statute to assess the benefits and damages for the opening of Castelar street into Bellevue avenue; the report of the commissioners was confirmed and adopted May 7, 1894, and among other pieces of property described in the ordinance of intention and in the report as land to be taken for said opening of said street was a portion of lot 24 in block H of the Fort Hill tract, reported as belonging, and which did belong to the estate of Mary Martin, deceased, and the sum of six hundred and twenty dollars was fixed and allowed as the value of said portion of said lot; Dv W. Field, public administrator, was the administrator of said estate at the time and so continued until after March 12, 1896; on February 15, 1895, the street commissioners, by warrant drawn on the funds of the treasury of said city to the account of said improvement, paid to…