Rollins

Action to quiet title to a parcel of land in the city and county of San Francisco. At the trial the only evidence offered by plaintiff was a deed following upon a sale of the premises in dispute, made by the tax collector of said city and county, on April 4, 1884, for the taxes of the fiscal year then current, at which sale plaintiff was the purchaser. The court sustained certain objections to the competency of this deed, and rendered judgment for defendants.

The statute in force in 1884 provided that in the delinquent tax list must be set down “ all matters and things contained in the assessment-book and relating to delinquent persons or property,” and that the tax collector “ must publish the delinquent list, which must contain the names of the persons and a description of the property delinquent,” and publish with such list a notice that the real property on which delinquent taxes are a lien will be sold at public auction. (Pol. Code, secs. 3760, 3764, 3765.) Plaintiff’s deed recited that in the publication so required was given in this instance “ such a condensed description of the property that it might easily be known;” upon such recital it was objected and is now argued…