Goodrich
Goodrich v. Mortimer
Opinion
Lead Opinion
Waste, J.
Plaintiff brought this action against John Drew Gay and others to quiet title to a lot situate in the town of Lancaster, alleging himself and his predecessors to have been in the actual, exclusive, and adverse possession thereof, continuously for twenty years, claiming the same against the world, and having paid all taxes for the statutory time required to perfect adverse possession. After filing the complaint, appellant C. White Mortimer, administrator of the estate of Gay, was substituted as defendant. The administrator filed a cross-complaint and brought into the action certain parties claiming as mortgagees and lienholders under, but not adverse to plaintiff. Judgment was entered for the .plaintiff against the defendant Mortimer, as administrator of Gay, and he alone appeals.
Gay acquired the legal title to the property during his lifetime from M. L. Wicks, by deed dated January 14, 1884. He failed to pay the state and county taxes levied thereon for the year 1890, and the property was sold by the tax collector of Los Angeles County to W. A. Dunn. He assigned the certificate thereof to Henry Hollamby, who, in due time, received the tax collector’s deed. On August 11, 1892,…