Chapman

Action to quiet title. The complaint is in the usual form, alleging ownership in plaintiff. Defendant’s title is based upon a tax sale to the state, followed by a deed to the state and a conveyance to him from the state.

All the points raised appear to have been determined adversely to appellant on a former appeal as herein entitled, reported in 152 Cal. 216 , [ 92 Pac. 188 ].

As we understand appellant, he admits that all the proceedings whereby title to the property was vested in defendant were duly had and taken pursuant to the laws of California. His contention is that, conceding the lot was sold to the state for the delinquent tax of 1898 and no redemption thereof made within the time fixed therefor by law, by reason whereof the legal title to the lot was conveyed to the state, nevertheless the state had no power to sell and convey title to the entire lot for an amount in excess of that upon payment of which the owner of the lot was entitled to redeem the same before such sale made by the state. At the date of the sale to defendant the amount of the taxes, interest and penalties against the lot was $16.19. The state, however, in the manner provided by law, sold the entire…