Wright

The land in controversy was sold to the state on June 28, 1901, for non-payment of taxes. No redemption was made, and on November 4, 1907, in pursuance of proceedings for that purpose, the tax-collector of the county sold and conveyed the same to the plaintiff. The plaintiff then began this action to quiet title. The complaint was in the usual form alleging that plaintiff was the owner of the land, but not giving the details of his title. One Feehheimer was the owner of the land on January 19, 1901, and on that day he executed a deed purporting to convey the same to defendant. The defendant, by cross-complaint, set up the title thus acquired asking judgment that plaintiff is not .the owner of the land and that defendant is the owner thereof. Judgment was given for defendant. Plaintiff appeals from the judgment and from an order denying a new trial.

The cross-complaint alleges that the defendant was the party to whom the land was last assessed next before the sale and deed by the collector to the plaintiff, that its address was then, is now and for many years has been, San Francisco, California, that said address was well known to said tax-collector and that no copy of the notice…