THOMPSON v. CLARK (1936)

Supreme Court of California.

W. W. THOMPSON, Plaintiff and Respondent, v. Minerva E. CLARK, George D. Clark, and Town of San Carios (a Municipal Corporation), Defendants and Appellants.

S. F. 15595.

Decided: May 01, 1936

John L. McNab and S. C. Wright, both of San Francisco, for appellants Minerva E. and George D. Clark. Albert Mansfield, of Redwood City, for appellant Town of San Carlos. Eugene K. Sturgis, of Oakland, for respondent.

This action involves the same questions this day decided in Thompson v. Clark (Cal.Sup.) 57 P.(2d) 490. In that action plaintiff Thompson brought suit to foreclose liens securing bonds for street improvement assessments levied by defendant town of San Carlos. The trial court decreed that plaintiff's liens were subordinate to the liens securing bonds of defendants Clark on the same property, and plaintiff Thompson appealed. The instant action, S. F. No. 15595, involves other lots in the same assessment district, and the same bond issues are involved. As to the lots which are the subject of this action, plaintiff Thompson had already caused the liens securing his bonds to be foreclosed, and brought this action to quiet his title against defendants Clark and town of San Carlos. The court below entered judgment for plaintiff, from which said defendants Clark and town of San Carlos have appealed.

On the authority of Thompson v. Clark, this day decided, the judgment for plaintiff must be, and it is, reversed.

PER CURIAM.

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