Baird

This is an action to quiet title to certain real property, described in the complaint as lot five in block “K” of the Pellissier tract in the city and county of Los Angeles, state of California, as per map recorded in book 15, page 70, miscellaneous records of said county. Defendant Harlan had judgment, and plaintiff appeals from such judgment and from an order denying his motion for a new trial.

Plaintiff’s testator was the owner of the land involved at the time of his death, January 7, 1899, and his estate is still the owner thereof unless title has been divested by either of two deeds. The first of these is a tax-deed from the tax-collector of Los Angeles County to the state of California of date July 6, 1900, for state and county taxes for the year 1894, followed by a deed from the tax-collector, dated July 20, 1901, purporting to have been made upon the authorization of the state controller, to one Monroe, whose title is vested in defendant Harlan. The second deed is a deed dated July 24, 1903, from the street superintendent of the city of Los Angeles to defendant Harlan, based on an assessment for the opening and widening of Pico Street in said city.

It appears that the…