Hayes

Hayes v. Ducasse

Good Law
119 Cal. 682·1898 Cal. LEXIS 696·52 P. 121
Supreme Court of CaliforniaJanuary 27, 1898L. A. No. 401California1,011 words

Opinion

Lead Opinion

Britt, J.

This case concerns the title to a lot of land in the city of Los Angeles. Plaintiff claims through one Campbell who was the purchaser of such land at a sale thereof made on July 14, 1894, for delinquent state and county taxes of the fiscal year 1893-94. At the trial the defendants offered no evidence, but relied on various objections to the sufficiency of the deed to Campbell executed by the tax collector on May 14, 1896, pursuant to said sale. Plaintiff had judgment, and the only question on appeal is whether the tax deed is void on its face.

It is stated in said deed among other things, that the described parcel of land was "offered for sale at public auction .... and at such sale N. P. Campbell was declared the purchaser of the whole of the hereinbefore described property, who paid the full amount of said unpaid delinquent tax together with the costs and charges.....That said sale was conducted in the manner prescribed by law.” Defendants contend that the land is thus shown to have been offered for sale as a whole and not *684 otherwise, contrary to the provision of the statute that the person who will take the least quantity of land and pay the taxes and costs is the…

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