Elsam Co. v. Bell

Appellant brought this action to quiet title to certain real property. Respondents filed a cross-complaint and asked the same relief. Each party moved for summary judgment. The trial court granted respondents’ motion.

The facts are not in dispute. Respondents have been owners of the real property in question since 1945. In 1952 a Street Improvement Assessment District was created pursuant to the Improvement Act of 1911 for the purpose of constructing curbs and gutters. Bonds were issued against the subject property to pay for the improvements. Assessments were unpaid, and in 1958 an action was commenced to foreclose the lien of the bonds pursuant to Streets and Highways Code section 6610 et seq. A decree of foreclosure, order of sale and appointment of a commissioner to conduct the sale re- *420 suited. In the foreclosure proceedings the date set for bids to be received was February 17, 1960. Notice was given as provided by law and the sale was properly conducted. Appellant’s assignor, Corona Land Company, was the successful bidder at the sale.

On February 23, 1960, the commissioner issued certificates of sale to the Corona Land Company and these certificates were recorded on…