Montgomery v. County of Contra Costa

— Plaintiff, respondent, east his claim of rights against the County of Contra Costa into the forms of suit for declaratory relief and for the impressing of a constructive trust and petition for writ of mandate. The facts are agreed upon. The problem is one of law only, and it is this: When a taxing authority has collected, by tax sale of real property, a surplus above the amount of its lien, may the holder of an unforeclosed 1911 Improvement Act bond recover a pro rata share in the proceeds or, alternatively, the surplus above the tax lien to be applied to the account of his bond on the same…