Helvey
Helvey v. Sax
Opinion
Opinion
Traynor, J.
The plaintiff, A. C. Helvey, brought this action to quiet title to several parcels of land in the Coachella Valley County Water District. Taxes levied by the district became delinquent and the several parcels were sold to the district in September, 1939. The parcels were not redeemed within the time allowed by law and were sold by the district to the defendants at public auction in 1946 and 1947.
Defendants base their titles on their tax deeds. Plaintiff relies on quitclaim deeds obtained in 1946 and 1947. Two of the deeds are from assessees named in the tax deeds; the third deed is from a person not listed as an assessee. There is no proof that any of the three predecessors of plaintiff were in possession at the time of their deeds to plaintiff, nor is there any proof of- antecedent title of the three grantors. Judgment was entered for defendants and plaintiff appeals.
The question arises at the outset whether plaintiff offered sufficient evidence supporting his title to make out a prima facie ease to avoid a nonsuit. (See Santens v. Los Angeles Finance Co., 91 Cal.App.2d 197, 202 [ 204 P.2d 619 ] ; cases collected in 22 Cal.Jur. 167.)