People v. Doe No. 9365

It appears from the record that the taxes were delinquent on lot No. 4, in the block between I and J, Twelfth and Thirteenth streets in the city of Sacramento; that an action for the collection of the taxes was commenced in the name of the people, against the lot and the unknown owners thereof, who were sued by the fictitious names of John Doe and Richard Roe; that a copy of the summons was posted and a notice published by the district attorney of the pend-ency of the action; that a judgment was rendered against the lot for the taxes and costs; and under an order of sale issued on the judgment, the sheriff sold to one Elliott, not the whole lot, but the west sixty feet thereof, and issued to him a certificate of sale for the sixty feet; that the sheriff, however, in his return upon the order of sale, stated that he had sold the whole lot to Elliott; that there was no redemption,' and in due time the sheriff made a deed to Elliott for the entire lot; and, having demanded the possession, which was refused by one Brown who claimed to be in possession, Elliott applied for a writ of assistance to put him in possession of the whole lot. The motion was contested by Brown; but the court…