Talbot v. Wake

Opinion

SIMS, Acting P. J.

—Defendants Wake and several other property owners have appealed from a judgment of foreclosure and sale of property subject to a street improvement bond issued in 1957 under the provisions of the Improvement Act of 1911 (Sts. & Hy. Code, div. 7, § 5000 et seq.). The judgment was entered following the granting of plaintiff bondholder’s motion for summary judgment. The property owners contend that the failure to record the warrant, assessment and diagram as required by section 5372 of the Streets and Highways Code, 1 rendered the assessment and the bond issued thereon…