Clarke

Action to quiet title. The plaintiff was the owner of a certain tract of land in San Francisco, situate in the district which was assessed for the widening of Mission street, continued from Twenty-sixth street to the county line. The assessment being delinquent, the superintendent of streets sold the lot to the defendant, November 29, 1889, and no redemption having been made, that officer, on the 29th of December, 1890, executed a conveyance of the land to the defendant. At the trial the plaintiff gave evidence tending to show title in himself at the date of the sale, and the defendant offered in evidence the certificate of sale, testimony tending to show that the notice of the application for a deed required by section 8785 of the Political Code had been given, and the deed to himself from the superintendent of streets. The court rendered judgment for the defendant, and the plaintiff moved for a new trial, which was denied, and from this order and the judgment he has appealed. The errors relied upon by the appellant are the rulings of the court in admitting evidence offered on behalf of the respondent.

Section 16 of the statute under which the proceedings were had (Stats. 1889,…