Eagle Point Irrigation District v. Cowden

This suit was instituted to foreclose certain delinquent tax certificates on land within the Eagle Point Irrigation District. The State Land Board by cross-complaint prayed for foreclosure of its mortgage covering the same land, given to secure payment of money belonging to the common school fund. This mortgage was executed and recorded prior to the organization of the irrigation district. The sole question at issue under the facts stipulated was as to the priority of the mortgage lien over the district tax lien. Defendants other than the State Land Board made no appearance and a decree by…