Morton

Morton v. Sloan

Good Law
1929 Cal. App. LEXIS 907·96 Cal. App. 747·275 P. 223
Court of Appeal of CaliforniaFebruary 13, 1929Docket No. 6307.California1,898 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff sued to quiet title to certain real property situated in the city and county of San Francisco. Defendant answered, setting up his own title through a tax deed. Judgment went for defendant quieting his title and the plaintiff has appealed on a typewritten transcript.

Plaintiff claimed ownership to the property as heir to the estate of his father, who died June 8, 1912. Defendant claimed under a tax deed executed July 14, 1920, wherein the property was conveyed to him by the tax collector for nonpayment of taxes for the year 1914. This claim of defendant was resisted on the ground that the tax levy was invalid because the property assessed and sold was inadequately described, and because the recitals in the deed were insufficient.

The description contained in the delinquent tax list published June 11, 1915, was “Block 6295, Bd. by Spreekels and Gundlach Sts. Visitación Ave. and lands in acres. Patrick C. Morton, lots Nos. 1 to 14 incl.— $50.72.” It is argued that the description is insufficient because it contains no reference to any map and Miller v. Williams, 135 Cal. 183 [ 67 Pac. 788 ], and Fox v. Townsend, 152 Cal. 51, 56 [ 91 Pac. 1004 , 1007], are cited in support…

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