Wetherbee

Action to quiet title. Judgment for plaintiff, and defendant appeals from judgment and order denying his motion for a new trial’.

The court finds plaintiff’s title to rest upon a deed from the state made by the tax collector of Orange county, on July 24, 1905; that the lot in question was sold to the state on March 13, 1888, for delinquent taxes for the year 1887 upon an assessment made in the name of Fred Ruehman, and a deed to the state was made March 20, 1887. (This is evidently intended to be 1896, the date appearing in the deed introduced in evidence.) That defendant is the grantee by regular mesne conveyances of the title of Fritz Ruhman to the property.

Appellant presents three reasons for the reversal of the judgment: (1) That there was no showing that the notice of thirty days of the expiration of the time for redemption or intention to apply for a deed was given by the state, or anyone on its behalf, before the making of the deed to the state, as required by section 3785 of the Political Code at the time the sale was made; (2) That the description of the property in the tax proceedings was insufficient; and (3) That, although the lot in question, by virtue of the…