Boyer

Boyer v. Gelhaus

Good Law
19 Cal. App. 320·1912 Cal. App. LEXIS 33·125 P. 916
Court of Appeal of CaliforniaJune 21, 1912Civ. No. 999.California1,905 words

Opinion

lead Opinion

Hall, J.

This is an action to quiet title to certain real property, situate in the city and county of San Francisco, brought by appellant, who bases her title upon a certificate of sale to the state for delinquent taxes and a tax deed executed on behalf of the state to appellant’s predecessor in interest, F. J. Ghiselli.

The respondents, Gelhaus, filed an answer denying the allegations of ownership by plaintiff and a cross-complaint, in which, among other things, they set up that they were in possession of the real property claimed by plaintiff, and were the owners thereof, and prayed for a decree affirmatively quieting their title as against appellant.

The court found that appellant was not the owner of the property in suit, and that respondents Gelhaus were, and entered a judgment accordingly quieting the title of respondents Gelhaus as against the claim of plaintiff.

The appeal by plaintiff is from this judgment.'

The property in question was sold to the state in 1898 for the second installment of unpaid and delinquent taxes levied against the property in 1897.

Subsequently, on December 31, 1898, the property was redeemed from such sale, by the Hibernia Savings and Loan Society, a…

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