Hindle

Plaintiff, averring that he is the owner of a certain lot in the city of Los Angeles, alleged that the defendant Julia P. Warden claims title under a deed executed to her by the board of public works of that city on July 11, 1916, after a sale of the lot following a delinquent assessment to pay the expenses of acquiring land for a public library under the act of April 22, 1909 (Stats. 1909, p. 1066), as amended by the act of December 23, 1911 (Stats. 1911, Extra Session, p. 17). Plaintiff does not question the validity of the proceedings leading up to and including the sale of the land by the board of public works, but does contend that the deed to appellant was invalid upon the ground, among others, that the affidavit of posting the redemption notice does not show that the notice was posted on the property or that due diligence had been used to find the owner. The complaint alleges, and the proof shows, that plaintiff, prior to commencing the action, tendered to the defendant Julia P. Warden, the purchaser at the assessment sale, the full amount necessary to redeem the property from the sale, namely, $2.45; that Mrs. Warden refused the tender; and that plaintiff deposited the sum…