MacHado

MacHado v. Canty

Good Law
18 Cal. App. 35·1912 Cal. App. LEXIS 370·122 P. 77
Court of Appeal of CaliforniaJanuary 13, 1912Civ. No. 872.California1,907 words

Opinion

Lead Opinion

Burnett, J.

The action, brought in the usual form to quiet title, resulted in a judgment for plaintiff, from which the appeal is taken on the judgment-roll.

The decisive question is whether the findings support the judgment. The court found: "That the plaintiff is now, and for. more than three years prior to the commencement of this- action has been, the owner, in fee and entitled to the possession of that certain real property [describing it]. That the defendant, D. J. Canty, claims some right, title or interest in said real property adverse to said plaintiff; .that the said claim of defendant is based upon a certain assessment of said property for state and county taxes of the year 1895, for which taxes said property was purported to have been sold to the state of California by the tax collector of the county of Fresno, state aforesaid, on July 3, 1896, said tax collector’s certificate of such purported sale being thereupon issued to said state, also upon said tax collector’s deed dated on or about July 8, 1901, purporting to convey the title to said premises to the state of California, and also upon said tax collector’s deed to defendant, dated May 31, 1905, purporting to convey to…

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