City of Tahlequah ex rel. Johnston v. Franklin

This is a statutory action commenced under authority of 11 O. S. 1941 §132 by the city of Tahlequah ex rel. W. R. Johnston against M. E. Franklin et al. to foreclose a special assessment lien for street improvement purposes. The bonds matured on October 1, 1934. The action was commenced on December 12, 1939. The defendants pleaded laches and limitations and that the lien had ceased to exist, and asked that the bonds and lien be canceled and for general equitable relief. The cause was set for trial August 30, 1943. It appears that at that time no evidence was introduced but the cause was…