Shook

An action by the plaintiff to quiet the title to the west half of lot 15 of Encanto, a subdivision situated in the city of San Diego.

The plaintiff claims title by virtue of a tax deed to the property executed by the tax collector of the city, and the defendants were the owners of the property subject to the proceedings leading to the execution of the tax deed. The trial court entered judgment for the plaintiff, from which an appeal was taken by the defendants.

The city by its charter—which was adopted in 1889 (Stats. 1889, pp. 644-729)—made express provision for taxation for municipal purposes of property situated therein, the state laws then in force with respect to the method of assessment, the collection of taxes and the sale and redemption of property sold being closely followed.

Sections 15 to 27, inclusive of section 3, chapter 1 of article VI of the charter provided for the sale each year at public auction after notice of all real property upon which the taxes assessed the preceding year were delinquent; and also that in case there should be no purchaser for the same the property be struck off to the city; that in the latter event the city at any time after the…