Carter

This is an appeal from a judgment in favor of the respondent Tax Collector of Fresno County and his surety in an action for damages resulting from the giving of a defective tax deed to appellant. The complaint contains two causes of action. The first alleges that the Tax Collector failed and refused to execute and deliver to appellant any deed after he had become the purchaser at a tax sale. The second alleges that the Tax Collector gave appellant a void deed which conveyed no title to him and refused to give him a correction deed after the defects in the first deed were discovered.

Joseph L. Chevalier owned the property in question and failed to pay the second installment of taxes for the fiscal year 1921-1922. The Tax Collector sold the property to appellant in 1927 and gave him a deed to the property. Appellant then started suit to quiet title to the property, which resulted in a judgment in favor of Chevalier upon the payment of $42.70 into court for appellant, the amount of the taxes, penalties, costs and interest. This judgment was affirmed on appeal September 16, 1929. (Carter v. Chevalier, 100 Cal. App. 567 [ 280 Pac. 706 ].) The court held the tax deed void. On November…