Warden

Plaintiff appeals from judgment in an action to quiet title.

Defendants’ title to the property was derived from one George P. Badger, who in the year 1894 was the owner thereof. Badger failed to pay the state and county tax levied upon the property for the year 1894, whereupon proceedings were had and taken which, on July 6, 1900, resulted in a deed of the property to the state, made by the tax collector pursuant to the provisions of section 3785 of the Political Code. On March 15, 1901, the state conveyed the property to plaintiff’s grantor. Plaintiff’s title, therefore, depends upon the validity of the tax proceedings under and by virtue of which the state acquired the property. The law (Pol. Code, sec. 3764) contains a provision requiring the tax collector, on or before June 5th, to publish a delinquent list, which list “must contain the names of the persons and a description of the property delinquent, and the amount of taxes, penalties, and costs due, opposite each name and description”; and section 3765 of said code provides that “the tax collector must append and publish with the delinquent list a notice that unless the taxes delinquent, together with the costs and…