Herrington

William R. Herrington and his wife Georgia May Herrington sued in superior court to quiet title to certain real property owned by them and lost at a tax sale for nonpayment of the secured property taxes. The action seeks to invalidate the tax deed of the State of California to William E. Weigel, purchaser at the tax sale.

The Herringtons owned an undivided one-half interest in the property as joint tenants. Mrs. Herrington owned the other undivided one-half as a tenant in common, having acquired it by way of inheritance. The Herringtons had owned the property for a number of years before the time of the tax sale and it was unencumbered. Mr. Herrington gave his wife the money for the taxes each year but for the three years 1966-1967 through 1968-1969 she spent the money for other purposes and did not tell him. She said she was afraid to tell him. The taxes assessed against the property for the three fiscal years were not paid. The property was “sold” to the State of California on June 30, 1967, pursuant to Revenue and Taxation Code sections 3351-3353.

The Herringtons paid the 1969-1970 and all later taxes when due. The tax collector received and credited to the…