Hall

This action is to quiet the title of Mary C. Hall to lot sixteen (16) in block one hundred and seventy-five (175) of the San Diego Land and Town Company’s addition to the city of San Diego, county of San Diego, state of California.

Defendants set up title in themselves, as grantees of one J. W. Payne, who claimed title to the premises under a tax deed executed March 21, 1891, upon a sale of the property made March 14, 1890, for delinquent taxes for the fiscal year 1889-90.

Plaintiff had judgment. Defendants appeal from an order denying their motion for a new trial.

The statement on the motion for a new trial shows that the cause was submitted in the court below upon an agreed statement of facts, in which was incorporated: 1. Certificate of sale; 2. Notice to redeem, with affidavit of service thereof; 3. The tax deed.

Pending the argument in the court below, counsel for plaintiff objected to the sufficiency of the affidavit attached to the notice of redemption, which is in the following language:

*515 Defendants thereupon offered to prove by parol evidence that the property was, at the time of posting the notice of redemption, and at all times, vacant and unoccupied. To which…