the regularity of the proceedings: Stead v. Course, 4 Cranch 403; Earley v. Doe, 16 How. 618; French v. Edwards, 13 Wall. 506; Blackwell on Tax Titles, p. 67; McCormack vy. Edwards, 6 S. W. 32; Martin v. Barbour, 34 Fed. 711; Cooley on Tax. p. 572; Desty on Tax. p. 850; Sullivan v. Davis, 29 Kan. 28; Phelps v. Mayor, 112 N. Y. 216; Christy v. St. Louis, 61 Am. Dec. 598; Churchman v. Indianapolis, 11 N. E. Rep. 301; Rorer on Jud. Sales, §§ 150, 174, 476; Black on Tax Titles, § 269; Loomis v. Los Angeles, 59 Cal. 456; Bales v. York Co., 18 N. W. Rep. 81; Merriam v. Otoe Co.,19 N. W. Rep. 479; Younglove v. Hackman, 1 N. E. Rep. 233. Where tax is fair and assessment made against persons bound by law to pay it, but invalid by reason of irregularity, purchaser is held to know of irregylarity and cannot recover: 2 Dillon, Mun. Cor. p. 988. Law of 1889 does not affect this case. Void assessment cannot be cured by legislature: People v. Seymour, 76 Am. Dec. 529; 99 id. 205; Mellinger v. Houston, 3 8. W. 249; Bartlett v. Wilson, 8 Atl. 321, and other cases.
Bartholomew, J. This action was orginally commenced by Jacob 8S. Eshelman. Pending the action Eshelman died, and his administrator assigned the claim on which the suit was brought to the plaintiff, William Budge, who was substituted as plaintiff by order of the court, and filed an amended complaint alleging, in substance, that the defendant is a municipal corporation. That in 1883 the defendant caused Kitson avenue, in said city to be filled in and graded. That the mayor and council of said city, by ordinance duly passed, attempted to levy a special tax to pay for said filling and grading upon the property abutting upon said avenue. That subsequently thereto, the said special tax not having been paid, and about March 13, 1884, the said mayor and council, under an ordinance duly passed, caused the real estate upon which said special tax was levied to be sold to pay the same, and that upon such sale all of said property was purchased by one Jacob S8. Eshelman; and the defendant city, through its treasurer, and in pursuance of an ordinance duly passed, caused eighteen certificates of sale to be issued to said Eshelman, in each of which it was stated that the property therein described had been sold for a delinquent special tax,
