
    Argued April 13,
    affirmed May 1, 1917.
    LORD v. CITY OF SALEM.
    (164 Pac. 717.)
    From Marion: William Galloway, Judge.
    This is a suit by Juliet Lord and Montague Lord against the City of Salem, Chas. F. Elgin, City Recorder, and Frank Shedeck to remove a penumbra from plaintiff’s title caused by the levying of an alleged illegal assessment for certain street improvements against their property. From a decree favoring plaintiffs, the defendants appeal.
    Affirmed.
    For appellants there was a brief over the names of Mr. Bert W. Macy, City Attorney, Mr. William H. Trindle and Mr. George G. Bingham, with oral arguments by Mr. Macy and Mr. Trindle.
    
    For respondents there was a brief over the names of Mr. William P. Lord, Mr. Grant Corby and Mr. John A. Carson, with oral arguments by Mr. Lord and Mr. Corby,
    Department 1.
   Mr. Justice Bean

delivered the opinion of the court.

This suit is brought for the removal of a cloud from the plaintiffs’ title created by reason of the levying of an assessment against their property for the construction of the same improvement as that under consideration in Fry v. City of Salem, ante, p. 184 (164 Pac. 715), and Carson v. City of Salem, post, p. 193 (164 Pac. 718). The questions herein involved are the same as those raised in the above-named cases; therefore, for the reasons given in the opinion this day rendered in the case of Fry v. City of Salem, ante, p. 184, the decree of the Circuit Court is affirmed.

Affirmed.

Mr. Chief Justice McBride, Mr. Justice Benson and Mr. Justice Harris concur.  