Denning

Denning v. Green

Good Law
1928 Cal. App. LEXIS 340·88 Cal. App. 379·263 P. 819
Court of Appeal of CaliforniaJanuary 18, 1928Docket No. 6013.California1,154 words

Opinion

lead Opinion

Action to quiet title. The complaint is in the usual form. A dismissal was entered as to defendants C. B. Murphy and Oak Peters and defendant Lillie F. Anderson filed a disclaimer. Issue was joined by Green’s amended answer and cross-complaint. Plaintiff claimed title through one Lucy J. Benjamin. Defendant and appellant Green claimed under a tax sale of the property at a time when it was assessed to Lucy J. Benjamin. At the trial plaintiffs offered' this deed from Lucy J. Benjamin in evidence and rested. Defendant Green, for the purpose of defeating plaintiffs’ title and quieting his claim as against them, thereupon offered in evidence a alleged deed from the tax collector of the county of Sonoma to one Lichtenberg and a quitclaim deed from to himself. The admission of the deeds was to on the grounds: (1) That defendants’ answer and cross-complaint failed to set forth that the proceedings leading up to the execution of the tax deed had been with; (2) That there was no foundation laid for the admission of the deed in that no deed to the state of was offered showing the right of the tax collector to make the deed and the deed itself contained no such Certain other objections were…

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