Gottstein

The plaintiff became the purchaser of two lots in the city of San Diego, in 1923, at a sale by the tax collector of San Diego County of property sold to the state for delinquent taxes. This action was commenced in partition of the lots between plaintiff and his grantees of an undivided interest, and, incidentally, to quiet the title as to the defendant appealing, and other persons. Appellant Holmes answered, asserting title in herself, with a cross-complaint to quiet title. At the conclusion of the trial interlocutory judgment was entered in favor of plaintiff and the cross-defendants, from which defendant Holmes appeals.

The grounds presented by appellant in support of her contention for reversal of the judgment are errors in the assessment and other proceedings, which, it is claimed, invalidated the sale to the state and the sale to plaintiff, and title in herself by prescription.

The sale to the state was for the delinquent taxes of 1917. The assessment-roll for that year was introduced in evidence by defendant-appellant. This showed that the lots were assessed separately to the same owner, but the auditor extended the tax on the sum of their assessed valuations, the total…