Taliaferro

This appeal is based upon a judgment entered pursuant to a denial of a motion for writ of possession.

The property in issue is located in Contra Costa County and is described as Lot 5, Block 10, Tewksbury Heights. Prior to 1942, legal title to this lot was vested in one Etta Albertson. Albertson became delinquent in her 1936 property taxes and, pursuant to California law, the property was sold to the state on June 26, 1937.

At the end of the required five year period, the property was deeded to the state and on June 29, 1942, sold at a public auction to appellant and his wife Dorothy. Taliaferro did not record this deed until August 22, 1950. In the meantime, Albertson purportedly executed a deed dated April 15, 1950, conveying the above premises to one B. Hoey, which was recorded on April 19, 1950, in the office of the recorder of Contra Costa County. Hoey, on May 31, 1950, conveyed the property to respondents, Valentine K. and Elsie M. Hartmann, husband and wife, as joint tenants. This deed was recorded June 1, 1950.

On June 21, 1950, appellant filed a complaint (No. B-1046) requesting the court to quiet title to the premises in issue and to other specified parcels of land. A…