Capital Bond & Investment Co. v. Hood

SHENK, J.

Appeal by the plaintiff from an order setting aside a decree of foreclosure of street bonds.

The plaintiff was the holder of two street assessment bonds issued by the city of Los Angeles pursuant to proceedings taken under the 1911 Street Improvement Act. One bond was issued on May 13, 1921, and was made a lien on lot 20 of Tract 3263. The other bond was issued on November 20, 1924, and was made a lien on a lot in another tract, to wit, lot

SO

of Tract 3440.

On October 31, 1929, the plaintiff sued to foreclose both bonds. The complaint sets forth a single cause of action. In it both bonds are described and it is alleged that all the defendants, sued under fictitious names, are the owners of said lots and that both bonds constitute liens on both lots. Without segregating the sums due on each bond it is alleged that the defendants are in default in the payment of said bonds in the total sum of $453.14. The plaintiff, prayed that the bonds be foreclosed

¡

that the property be

[731]

sold to satisfy the indebtedness and for attorney’s fees and costs.

The defendants were served with summons and defaulted. Judgment was entered on August 23, 1930, foreclosing the bonds as prayed, fixing attorney’s fees and taxing costs. A commissioner was appointed, a sale was decreed and the lots were sold

en masse.

After the time for redemption had expired, and in January, 1932, one of the defendants, the Pacific Construction Finance Company, moved to set aside the judgment on the ground that the same was void on its face. The motion was granted and the plaintiff appeals.

On the hearing of the motion it was first disclosed that when the action was commenced the Pacific Construction Finance Company was the owner of lot 30 and its co-defendant was the owner of lot 20. This fact is not disclosed by the judgment-roll. In cases such as the one now presented we must look solely to the judgment-roll to determine its validity.