“ It is alleged that by the 'law of the land,' in order to constitute a proper and legal notice under the 14th Amendment it is necessary that in a tax proceeding in rem the description of the property sought to be sold must be so full and clear as to disclose to persons of ordinary intelligence, without resort to inferences, what property is thus intended to be taken. ”

“ It is, however, contended that the supreme court of Washington has decided that § 4878 of Ballinger's Code is applicable to tax proceedings, and that it requires 'that publication of summons shall not be had until after the filing of the complaint.' And it is hence contended that the filing of the complaint before publication is jurisdictional.
The supreme court of the state has not decided as contended. It has decided exactly the other way. Indeed, it has held that if there were a total omission to file a complaint, the judgment would not be void. Snohomish Land Co. ”

“ Edward Whitson et al., Defendants,' and duly published the same 'by law made and provided.' That thereafter, such proceedings being had, a judgment and decree was entered foreclosing the tax lien, the court adjudging the land subject to taxation, and that the taxes due upon it were delinquent, and directed the land to be sold. ”

“ Yordy, 212 U.S. 152, 53 L. ed. 449, 29 Sup. Ct. Rep. 152, 'thereby removing from the consideration of the circuit court of appeals any substantial Federal question.'
The motion is denied. The bill attacks the constitutionality of the state law as applied by the supreme court of the state, and whether the Yordy Case applies runs into the merits. ”

“ They alleged that the land, by the description of blocks, was taxed for state, county, and municipal purposes for several years prior to September, 1902, and that the taxes being delinquent on said blocks, the county of Yakima filed in the office of the clerk of the county its summons, notice, and petition to foreclose the tax lien of the county, the case being entitled, 'Yakima County, State of Washington, Plaintiff, v. ”