First National Bank in Wichita v. Board of Education, 174 Okla. 164, 49 P.2d 1077, and cases cited therein; City of Shawnee v. Exchange National Co., 185 Okla. 451, 94 P.2d 250. In Johnston v. Board of Education, 194 Okla. 150, 148 P.2d 195, 197, it was held that although under Section 29 of the 1923 Act (11 O.S.A. ยง 107) a bondholder could foreclose his assessment lien for the amount of the delinquent installments (a right not granted by the 1910 Act), no such proceeding could be maintained against public property, and that mandamus was the proper remedy to enforce levy of taxes for delinquent assessments, citing Independent School District v. Exchange National Co., supra. The mandamus action was commenced on August 7, 1942, to compel a levy for the fiscal year 1942 to pay the 1933 and 1934 installments for the payment of bonds maturing in August, 1934. Previously, and in 1939, a writ of mandamus had been granted compelling the Board of Education to make levies for the fiscal years 1939-'40, 1940-'41 and 1941-'42 to pay delinquent installments for 1932, 1933, and 1934. The Board complied with the writ for the fiscal year 1939-'40, but failed to comply for subsequent years. In these circumstances, the court was of the opinion
Wilson v. City of Hollis, Okla.Sup., 142 P.2d 633, 150 A.L.R. 1385. The court differentiated some of its earlier cases, brought some into conformity, and expressly overruled others. And in the later case of Johnston v. Board of Education, Okla.Sup., 148 P.2d 195, the court reaffirmed in general language the principles announced in Wilson v. City of Hollis, supra. Whatever uncertainty or confusion may or may not have existed in the earlier decisions of that court, these two late cases make it presently clear that under the law of Oklahoma property of a city or county within a street improvement district created under the Act of 1923, supra, may be subjected to liability only for the proportionate amount assessable against it, together with interest thereon to the respective dates of maturity of the installments; and that owners of delinquent bonds cannot recover against such municipal subdivisions for interest or penalty after maturity of the installments. And the law of the state is controlling here in respect of the substantive rights of the parties in interest in a street improvement proceeding of that kind. Huddleston v. Dwyer, 322 U.S. 232, 64 S.Ct. 1015, supra.