The statute (Stat. 1862, p. 397, Sec. 10), provides that after the superintendenthas made an assessment, diagram and warrant, " said warrant, assessment and diagram shall be recorded. When so recorded, the several amounts assessed shall be a lien upon the lands, lots or portions of lots assessed respectively for the period of two years from the date of said recording."
It is not the assessment itself which constitutes a lien, but the lien is created by the recording of " said assessment, warrant and diagram." All must be recorded before any lien exists, and the record must be of " said" assessment, etc., made by the superintendent. Then, and not till then, is there a lien, and that lien is " upon the lots assessed."
JUDGES: McKinstry, J.
OPINION
McKINSTRY, Judge
The tenth section of the statute (Laws of 1862, p. 397), requires that the warrant, assessment and diagram shall be recorded, and provides: " When so recorded, the several amounts assessed shall be a lien upon the lands, lots," etc.
The assessment and diagram, as recorded, contain no sufficient description of the lot to enforce the lien upon which this action is brought.
Judgment and order affirmed.