O'Neil
O'Neil v. Brode
Opinion
Lead Opinion
James, J.
Plaintiff had judgment quieting his title to a certain parcel of land located in the city of Los Angeles, from which judgment defendant has appealed. Defendant’s claim of title to the land in question was based upon a deed issued by the board of public works of the city of Los Angeles, which deed had for its foundation a sale for delinquent assessment made under the authority of an act of the legislature approved April, 1909. (Stats. 1909, p. 1066.) This act authorized the acquiring of property by municipalities for purposes of public parks or public playgrounds. The trial court held with the plaintiff that there were such irregularities in the procedure adopted by the assessment officers and in the notice to redeem as given by the defendant, as to invalidate the deed. It is admitted by the plaintiff that all the proceedings taken up to the time when assessments became delinquent were regular.
[1] 1. The first asserted defect consists in the failure of the board of public works to make a certificate upon the assessment-roll of the fact that the assessments had become delinquent. A certificate was in fact made, but was signed “Board of Public Works, by R. I. Follmer, Assistant…