Hager

The action is to enforce the payment of an assessment levied on lands of the defendant Hager within swamp land district No. 108. A demurrer to the complaint was overruled by the court and we think correctly. The swamp land district was organized under the act of March 28, 1868, entitled “An act to provide for the management and sale of the lands belonging to the state” (Stats. 1867-68, p. 507), and section 35 of the act provides that if an assessment be delinquent, “the district attorney shall proceed at once against all delinquents in the same manner as is provided by law for the collection of state and county taxes, ’ ’ since the method provided by law for the collection of delinquent taxes on real estate was an action in the name of the people against the person delinquent, and all owners and claimants known and unknown, and against the real estate. It is clear, therefore, that the action was properly brought in the name of the people.

It is claimed, however, that there was a misjoinder of causes of action in this, that there were several distinct parcels of land of the defendant Hager which were separately assessed, *15 and the action is to enforce the lien on each tract…