D. J. Miller v. County of Los Angeles, a Political Subdivision of the State of California

Appellant, plaintiff in the District Court, and a citizen and resident of the State of Nevada, appeals from a summary judgment entered in favor of appellee, adjudging and decreeing that the appellee is the owner of certain described real property located in the County of Los Angeles, State of California, and that the appellant has no right, title, interest, or estate in and to the same.

The action was instituted by appellant on December 31, 1963, by the filing of a complaint which was superseded by an amended complaint filed on January 27, 1964. The amended complaint is entitled “COMPLAINT FOR DECLARATORY RELIEF AND TO IMPRESS CONSTRUCTIVE TRUST ON REAL PROPERTY FOR DAMAGES AND FOR UNJUST ENRICHMENT.” In the amended complaint plaintiff claims to be the owner of the property in question and alleges that appellee acquired title to said real property through alleged surreptitious and unlawful tax sales proceedings, and seeks to have it declared that title to said property is held in trust by appellee, and that title to said property be vested in appellant on payment of all de linquent taxes and penalties accruing prior to appellant’s demand upon appellee for reconveyance of title to…