Nevada National Bank v. Poso Irrigation District
Before: Haynes
Synopsis
Id.—Findings of Fact—Erroneous Conclusion of Law—Modification of Judgment.—Where the findings of fact by the court conclusively show, as matter of law, that the bonds are not enforceable against the land of the intervener, nor against the intervener at all, and that such lands are not a part of the district, a statement in the last finding of fact that an assessment when levied to obtain revenue for the payment of the liability of the district, will become a lien upon the land of the intervener, is an erroneous conclusion of law, and a judgment merely exempting the land from the lien of the judgment rendered in favor of the holder of the bonds, and following the erroneous conclusion of law, will be modified upon appeal, to accord with the true conclusion of law.
APPEAL from a judgment of the Superior Court of Kern County. J. W. Mahon, Judge.
The facts are stated in the opinion.
HAYNES, C.
Plaintiff brought this action against said irrigation district, alleged to be a corporation organized under an act of the legislature approved March 7, 1887, (Stats. 1887, p. 29,) upon a large number of bonds and coupons issued by said district, and prayed judgment thereon for the sum of $11,790 and accrued interest. The complaint alleged the incorporation of the irrigation district, the issuance of the bonds and coupons, and the title of the plaintiff: to them, and prayed for judgment for $11,790 and interest. No other relief was demanded. Defendant’s answer put in issue all the allegations of the complaint touching the issuance and ownership of the bonds and coupons aforesaid, denied that it was an irrigation district either incorporated or organized under the act approved March 7, 1887, or any act of the legislature, but alleged that since on or about September 22, 1888, it has acted as a corporation, claiming to have been organized under said act, and doing business as a corporation thereunder; and by denial and allegation put in issue the regularity, legality, and validity of the said bonds and coupons, and of their issuance and sale.
Appellant, Augustine V. Russell, filed a complaint in intervention, and after putting in issue the allegation of the complaint as to the validity of the bonds and the right of plaintiff to recover thereon, further alleged that she was the owner of the southeast quarter of section 6 of township 26 south, range 27 east, M. D. B. and M.; that said land lies within the exterior boundaries of said Poso Irrigation District; that said district was organized September 22, 1888; that her said land was then public land of the United States; that John L. Russell filed his application to homestead said land under the land laws of the United States on February 6, 1892; that a patent therefor was issued to him on January 18, 1894; and that in November, 1896, said Russell conveyed the same to her, and that she is now the owner thereof. The court found the foregoing facts as alleged by the intervener, and that at the time of the survey fixing the boundaries of said district, defendant knew that said land was public land of the United States, that “notwithstanding such knowledge the defendant
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wrongfully and unlawfully included the same in said district, and ever since and now claims the same to be subject to its jurisdiction and control, as far as such control may be grantéd to it under said act of March 7, 1887, and the acts amendatory and supplementary thereto. ’ ’
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