163 P. 906 | Cal. | 1917
Plaintiff brought this action to quiet her title to a tract of land in Los Angeles County. On the trial, and preliminary to the introduction of any evidence, it was stipulated between the parties "that said plaintiff is the owner of the property described in the complaint . . . unless the title to said property has become vested in said defendant (Luckel) by virtue of the tax deed to be introduced in evidence by him and the deed to him by William P. Young which is to be introduced in evidence by him."
Plaintiff rested her case upon this stipulation, and defendant then offered in evidence a tax deed from the state of California to himself and his codefendant Young made June 30, 1903, which recited a delinquency in the payment of state and county taxes on land in Los Angeles County (describing it) for the year 1895, a sale to the state thereof, and subsequently a deed to the state made July 3, 1901, and a purchase by the defendants from the state of the same for the sum of $40.64, being the amount of accrued taxes, penalties, and costs up to the date of sale. Further proof was made by defendant Luckel of a deed to him from his codefendant Young of his interest in the property described in the deed from the state to them, and in addition, proved, as alleged in his answer, the payment by him of $26.14 as an aggregate amount of taxes imposed on the property described in the tax deed for the different years from the date of said tax deed to the commencement of the action. No further evidence at all was offered on the part of defendant. Plaintiff in rebuttal introduced in evidence certain official tax records and proceedings for the purpose of showing that the property described in the tax deed from the state to the defendant was not the same property described in the complaint; nor was it the same property on which a delinquency in the payment of taxes accrued and upon which the deed from the state relied on by defendant Luckel was based. Other evidence was also introduced by plaintiff under which it was claimed that the tax deed to defendant was invalid.
The court made general findings in favor of plaintiff — that she was the owner of the property described in the complaint, and that the defendant Luckel had no title or interest therein. It made no finding on the issue tendered of the purchase price paid by Luckel to the state at the sale, or of the taxes subsequently paid by him. *534
A decree quieting her title was entered in favor of plaintiff, and defendant Luckel appeals therefrom, and also from an order denying his motion for a new trial.
Several grounds are urged by the plaintiff in support of the judgment. Some of these consist of particulars in which it is claimed the tax deed from the state to the defendant is invalid. Independent of these claims, however, it is further insisted by plaintiff that the judgment must be affirmed for the reason that the evidence on the part of defendant failed to show that he ever acquired any title to the land described in the complaint. It will be perceived that the only evidence introduced by defendant in support of his claim of title to the land described in the complaint was the deed from the state to himself and his codefendant, Young. He introduced no deed whatever in evidence to show that the state had ever acquired any title to the land from the predecessor in interest of plaintiff, or from herself, or at all. This could only be shown by the production of a deed to the state made on a sale to it after delinquency by the owner in the payment of his taxes assessed against it. As there was no such deed to the state produced in evidence, there was no sufficient showing that the defendant had ever acquired title to the property against plaintiff. This being true, then under the stipulation between the parties as to title, the court was warranted in its finding against defendant and in favor of plaintiff and in awarding judgment to the latter. Further discussion of this point is made unnecessary as just this precise question was involved inCounty Bank v. Jack,
It is further contended by defendant that the court erred in failing to find on the issue of the amount paid by him as the purchase price of the property to the state, and the other amounts subsequently paid as taxes on it, and in failing by its decree to require repayment to him of the money so expended. It is held in Holland v. Hotchkiss,
The judgment and order appealed from are affirmed.
Melvin, J., and Henshaw, J., concurred.