Schamblin

Schamblin v. Means

Good Law
1907 Cal. App. LEXIS 151·6 Cal. App. 261·91 P. 1020
Court of Appeal of CaliforniaAugust 20, 1907Civ. No. 349.California1,733 words

Opinion

Lead Opinion

Taggart, J.

This is an action to quiet title. Defendant relied upon a deed from the state of California. The only title of the state to the property in dispute was vested by tax sale and deed. The deeds and tax sales were held valid, and judgment was in favor of defendant. Plaintiff appeals from the judgment, and from an order denying his motion for a new trial.

Appellant contends that the deed from the tax collector to the state is void because: (1) It does not recite the amount for which the property was sold; (2) it does not recite when the right of redemption expired; (3) it does not correctly recite the date of sale; (4) it incorrectly recites that the time for redemption had expired; and (5) it was issued before the expiration of the time for redemption.

The validity of the deed from the state to defendant is also assailed on the grounds that it was issued before a valid deed to the state had been filed with the controller as required by section 3897, Political Code, and it is not executed in accordance with the provisions of section 14, article V, of the constitution of the state.

The questions raised on this appeal are all substantially answered by the opinions of the supreme court…

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