Reed

Reed v. Lyon

Good Law
1892 Cal. LEXIS 985·96 Cal. 501·31 P. 619
Supreme Court of CaliforniaNovember 29, 1892No. 14709California1,001 words

Opinion

Lead Opinion

Temple, J.

— This is plaintiff’s appeal from the judgment.

Plaintiff sued to quiet his title to a tract of land which he claims under a tax sale. At the trial, he offered in evidence,—1. The certificate of sale for taxes, duly assigned to him; 2. Notice to redeem, preliminary to demand for a deed, pursuant to section 3785 of the Political Code; 3. Tax deed to his assignor.

To this evidence many objections were interposed, but none are insisted upon here, except that the notice to redeem did not state the amount due, but stated an amount to be due in excess of the true amount.

The tax and costs for which the property was sold amounted to $18.66. Adding 50 per cent authorized by statute, we have $27.99. The statement in the notice was: “ The amount due at the date of this notice is twenty-eight and ninety-nine hundredths dollars.”

Section 3785 of the Political Code provides that the purchaser shall be entitled to receive the sum of three dollars for the service of said notice, and the making of an affidavit of service, “ which sum of three dollars shall be paid by the redemptioner at the same time and in the same manner as other costs, percentage, penalties, and fees are paid.”

Appellant…

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