14 FEDERAL nsronrsn.
Bsnnnn 1:. Crm or Dunuru and others.
(Circuit Court, D. Minneaom. 1886.)
1. Muurcrmn Com·onArroNs—AorroN ro Eruronon SPECIAL AssEssirENrs—Srsr-
uric or Lmrrkrrous.
Where a municipal corporation is authorized by its charter to improve
streets, and to assess the cost thereof against adjacent lots, and to issue cer-
` tilicates showing the amount assessed against each lot; and where, by the
terms of the charter, these certificates, unless paid within 30 days,.are made
collectible by a foreclosure action,—the statute of limitations begins running
against each certiucate at the expiration of said 30 days} I
2. SAME-SUSPENSION.
Under such circumstances, the running of the statute is not suspended by
ppgsipuent legislation changing the boundaries and powers of the munic—
In Equity.
Bill in equity by the purchaser of oertlcates issued in April,
1871, by the defendant municipality, for assessments it had made
against, and improvements it had made upon, city lots, the present
occupants of which were made co-defendants with the city. The
special relief sought was payment by the city of these several amounts,
or, in default thereof, a decree of foreclosure, and a judicial sale of
said lots. Defendants set up the statute of limitations as a special
plea in har.
Brisbin d2 Fawcett, for complainant.
Ensign if Cash and W. W. Bittson, for defendants.
Banwsa, J. The facts in this ease are as follows: In 1870 the
city of Duluth was an incorporated city. Under its charter it had
authority to grade and improve streets, and cast the expense thereof
upon the adjoining lots. It did, during that year, grade and im-
prove Superior street, and, upon completion of the work, street com-
missioners` certificates were issued against each lot. These certiii·
cates were assignable. It is conceded that the work was fully and
properly done, and the assessments legally made. These street com-
missioners’ certiiicates were dated and issued April 18, 1871. The
individual defendants are owners of lots on Superior street against
which some of these street commissioners' certihcates were issued. .
The charter of the city provided that, in case these certificates were
not paid within 30 days, an action to foreclose the lien might be pros-
. ecuted in the name of the city of Duluth, in the same manner that
real-estate. mortgages were foreclosed. In February, 1877, the legis-
lature of Minnesota passed an act to create the village of Duluth out
of a part of the territory of the city of Duluth. Practically thisended
the city of Duluth. The village organization took its place as to all
i¥Respecting the statute of limitations, and when it begins to run, see King Iron
Bridge &. Manuf'g C0. v. County of Otoe, 27 Fed. Rep. 800, and note, 801-807.