Trezona

This is an action to quiet title and cancel a tax deed. Defendant had judgment and plaintiff appealed.

Plaintiff was the owner of a mining claim in Nevada County. In 1929, the Nevada Irrigation District levied an assessment against the property in the sum of $3.15. This was not paid, and a sale was had, following which the district gave a deed of the property to defendant. Plaintiff claims that the proceedings were invalid and that the deed is void because the property was not correctly described in the assessment.

The assessment described the land as “Quartz Mining Claim formerly known as the Sneath & Clay, being Mineral Lot No. 73 except portion of surface thereof in W% in Sec. 1, Tp. 16 N., R. 9E.” The acreage was given as “20.72”.

The actual acreage of the property was 20.33, and the land was in section 18, not section 1. Plaintiff contends that these errors invalidate the proceedings. In our opinion they do not.

The description of the property in an assessment by an irrigation district must be such as to afford the owner the means of identification, and must not be calculated to mislead him. An erroneous element, such as a false call, which may be disregarded and still…