Main

Main v. Thornton

Good Law
1912 Cal. App. LEXIS 115·20 Cal. App. 194·128 P. 766
Court of Appeal of CaliforniaOctober 22, 1912Civ. No. 761.California1,571 words

Opinion

Lead Opinion

Chipman, J.

This is an action in ejectment in which the complaint alleges ownership and right of possession in plaintiff to the W. 1/2 of section 4, T. 15 S., R. 19 W., situated in Fresno County, wrongful possession of which is alleged to be in defendants. Defendants had findings and judgment. Plaintiff appeals from the order denying his motion for a new trial.

It was stipulated at the trial that title was in the defendants “subject to, and unless the same has been, divested by the assessments, taxes, tax proceedings and tax deeds introduced in evidence as hereinafter set forth . . . and that the only question concerning the title to the property between plaintiff and defendants relates to the regularity and sufficiency of the tax deeds and proceedings introduced in evidence with relation thereto, as herein in this bill of exceptions referred to.”

In his opening brief plaintiff claims title by virtue of the following deeds: July 18, 1899, J. B. Hancock, tax-collector of Fresno County, to the state, “conveying to the state the S. W. %, sec. 4-15/19; also, June 25, 1903, deed from said tax-collector to the state, “for the N. W. % sec. 4-15/19”; also, July 27,1903, authorization of the state…

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