Knott

Knott v. Peden

Good Law
1890 Cal. LEXIS 808·84 Cal. 299·24 P. 160
Supreme Court of CaliforniaJune 7, 1890No. 13264California1,248 words

Opinion

Lead Opinion

Gibson, J.

Plaintiff brought this action against appellant, Peden, and two others to quiet his title to a certain tract of land in Tehama County. A joint answer was filed, in which the co-defendants of Peden disclaimed any interest in the land, and the latter admitted that, prior to the sixteenth day of March, 1885, the title thereto was in plaintiff, but averred that such title was, on that date, transferred to his grantor, one Gale, by virtue of a sale of the land for delinquent taxes, upon which Gale, in due course, received a certificate of sale of and a tax deed to the premises. The trial court, with other facts, found the assessment, upon which the sale and deed rested, to be void, and gave judgment for plaintiff- This appeal is from that judgment, and an order denying a new trial.

Insufficiency of the evidence to sustain the findings is the only reason presented for a reversal of the judgment.

In the statement twelve findings are specified as being unsupported by the evidence, but none of the specifications, as required by subdivision 3 of section 659 of the Code of Civil Procedure, show wherein the evidence is insufficient, except the first, in which it is stated that there is no…

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