Wilson
Wilson v. Beville
Opinion
Lead Opinion
Wood, J.
This is an action to quiet title to real property and for ejectment.
There was a prior appeal in this action. (Wilson v. Beville, 47 Cal.2d 852 [ 306 P.2d 789 ].) The present appeal is by plaintiff from the judgment (on the second trial) that plaintiff recover $207.57 and interest thereon.
Plaintiff’s title to the property is based on a city treasurer’s deed issued to his predecessor in interest pursuant to a foreclosure sale under a street improvement bond issued under the Improvement Act of 1911 (now Sts. & Hy. Code, §§ 5000- *499 6794). The assessment resulting in the bond was in the amount o£ $207.57 and was recorded on November 23, 1927. On November 25, 1927, the city of Los Angeles commenced a condemnation action by which it sought an easement for street purposes across part of the property. The owner of the assessment lien was not joined as a defendant in that action. On December 28, 1927, a bond representing the assessment was issued to the Municipal Bond Company. The holder of the hond was not made a defendant in the condemnation action. On July 23,1931, final judgment of condemnation was entered in that action, and the record owner of the portion of the property…