Redman
Redman v. Warden
Opinion
Lead Opinion
Tyler, J.
Action to quiet title. The pleadings are in the usual form, plaintiffs alleging title and possession in themselves and an asserted claim of estate or interest in the property by defendants adverse to them without right, and defendants denying the allegations of the complaint and setting up ownership in defendant Grace P. Warden by virtue of tax-title deeds from the tax collector of the county of Los Angeles.
At the trial plaintiffs in support of their claim introduced the deed from their grantor in evidence, proved possession, and also proved that plaintiff Pearl H. Jarrett held a mortgage lien against the property. Plaintiffs rested and defendant’s tax deeds were then considered in evidence. Defendants introduced no other evidence in support of their claim of title, relying solely upon the prima facie ease made by these deeds, which recite that the property in question was sold for taxes levied in the year 1916. Plaintiffs, for the purpose of rebutting the prima facie case arising upon the tax deeds, introduced certain evidence going to show the illegality of part of the tax for which the property was sold. They -proved by uncontradicted evidence that the property in controversy…