Sawyer

Plaintiff had judgment quieting title to certain lands situate in the county of Stanislaus, state of California, described as follows: North Tract lots E, F, 26 to 30, inclusive, and fifteen acres lying southeasterly of above, being east of Sixth Avenue, and northwest of south line of E Street, in southwest quarter-section 11, township 2 south, range 10 east. From this judgment the defendants appeal.

The plaintiff’s title is based upon a certain deed of conveyance dated the thirtieth day of June, 1926, executed by Ed Whitmore, tax collector of the county of Stanislaus, as the party of the first part, to J. L. Sawyer, the plaintiff in this action, as party of the second part, whereby the said party of the first part purported to convey to the plaintiff the lands above described pursuant to the sale made thereof by the party of the first part to the party of the second part on account of delinquent taxes.

At the trial in said action, and upon this appeal, the appellants contend that the deed purporting to convey the above-described premises to the plaintiff was and is void for the following reasons: First, that the notice of the delinquency and sale of said property on account of…