Hughes

This is an action to quiet plaintiff’s title to lots 19 and 20, in block 10, in the town of Winters, county of Yolo, and to cancel a tax deed issued by the tax collector of that county to the defendant, in pursuance of a delinquent tax sale theretofore made by him of the property in question.

The complaint, which is unverified, alleges ownership in fee and possession of the lots by plaintiff, and the adverse claim of an estate or interest therein by defendant, the nature of which is, in brief, as follows: The purchase of the lots by defendant on the twenty-fourth day of February, 1886, at a delinquent tax sale made by the tax collector of Yolo County, and the unauthorized issuance by him, in pursuance thereof, of a deed to defendant to said lots on the twenty-fourth day of February, 1888, which deed was duly recorded, and is alleged to be a cloud on plaintiff’s title.

The answer contains a general denial of the allegations of the complaint, and avers title in the defendant under the tax deed therein described. The case was tried by the court without a jury, and judgment rendered in favor of plaintiff. Defendant appeals from the judgment, and an order denying his motion for a new…