Davis
Davis v. Pacific Improvement Co.
Opinion
Lead Opinion
Cooper, J.
This action was brought to partition a block of land in San Francisco, known as South Beach Block 25. The appellant Klumpke claimed title in fee to three lots or parcels of said block by virtue of certain tax deeds. The case was first tried in 1898, and in November of that year an interlocutory decree was filed, based upon the findings, in which it was held that the tax deeds of appellant were void and conveyed no title to him. A motion for a new trial was made by appellant, and the same was denied. He appealed from the said interlocutory decree and from the order denying his motion for a new trial, and the decree and order were reversed by the supreme court. (Davis v. Pacific Imp. Co., 137 Cal. 245 , [ 70 Pac. 15 ].)
The facts are there fully stated, and it is not necessary to repeat them here. The court there held in effect that the tax deeds of appellant were valid, and reversed the judgment and order of the trial court. It was there said as to the delinquent list: “It is next objected by the plaintiff that the assessor did not prepare a delinquent list for either of the years 1882 or 1883, and consequently there was no legal notice of the sale. The court does not find, nor…