Miller v. Murphy

An appeal from a judgment foreclosing a lien created. by a contract providing for the repayment to William Miller, respondent’s intestate, of sums to be advanced by him for the payment of taxes upon two parcels of land the title to which was in litigation, it being agreed that such repayment should be made by appellants in the event the latter should be adjudged the owners thereof.

The litigation having resulted in favor of appellants, this action was brought to establish the amounts paid, and to foreclose the lien upon the two parcels mentioned. The appeal is presented on the judgment-roll with a bill of exceptions.

A previous trial of the action resulted in a judgment which was reversed on appeal, in the case of Miller v. Murphy et al., 186 Cal. 344 [ 199 Pac. 525 ], The contract, which was dated July 5, 1917, recited that the property therein-after described had been sold on July 5, 1912, for delinquent taxes of the city of Berkeley in the county of Alameda for the fiscal year 1911-12, and that all subsequent city taxes levied thereon were unpaid and had become delinquent, the property referred to being therein described as “those lots of land situate in the city of Berkeley,…