Beck

By a complaint in the usual form in such actions, plaintiff sued to quiet title to certain lots of real estate. The answer denied the allegations of the complaint and alleged that title was vested in defendants, who, as against plaintiff, prayed for a decree quieting the same.

Judgment went for defendants as prayed for, from which plaintiff appeals.

Defendants, in whom title to the property was at the time vested, failed to pay the taxes thereon for the fiscal year of 1912; whereupon the property was sold to the state. Thereafter proceedings were had and taken which, on the eighth day of July, 1918, resulted in a sale of the prop-, erty made by the tax collector to plaintiff, who, upon redeeming the property from delinquent taxes accruing subsequent to the year 1912, as provided in section 3771 of the Political Code, received a deed to the same, executed by the tax collector. Plaintiff’s title, therefore, is made to depend upon the validity of the proceedings under which the tax deed was executed.

Appellant urges two grounds upon which he bases his claim for a reversal of the judgment: First, that the court erred in holding the publication of the notice of sale to be…