Warden

This is an action to quiet title. The plaintiff claimed title through a deed of the treasurer of Los Angeles County. The said deed was given in pursuance of a sale of the property under the 1913 Street Improvement Act (DBering’s Gen. Laws 1923, Act 8205) for failure of the owner to pay a delinquent bond issued on an unpaid assessment. Defendant, the owner of the property since 1910, contested the title of plaintiff on the ground that the sale proceedings were defective and the resulting deed consequently invalid. The trial court found that there had been a failure to comply with the statutory provisions on the notice of sale, notice to redeem, time and place of sale, etc.; and that in several other particulars the proceedings were improper ; and that the deed was void. Judgment was therefore rendered in favor of defendant.

Plaintiff contends on appeal that the court erred in failing to find that he had a lien on the property for the amount of the assessment which he had paid at the time of the sale. No authority supporting this contention is offered, and neither the pleadings nor the evidence at the trial raise such an issue. Plaintiff in his complaint alleged that he was the…