123 P. 256 | Cal. | 1912
This is an appeal by defendants from a judgment in favor of plaintiff in an action brought by him to quiet his alleged title to two parcels of land in Fresno County, and from an order denying defendants' motion for a new trial.
The complaint contained simply the general allegations appropriate in an action to quiet title to land. The answer of defendants denied these allegations, and alleged ownership in fee in them by virtue of certain alleged tax-sales to the state and an alleged sale by the state to one R.M. Barthold, their predecessor in title. They asked for a decree adjudicating their ownership of the property, and "such other and further relief as is meet and proper, and agreeable to equity." The *387 trial court found that each and all of the allegations of the complaint are true and that each and all of the denials and allegations of the answer are untrue, and gave judgment decreeing plaintiff to be the absolute owner of the land, free and clear of any claim of defendants.
Evidence introduced by plaintiff was sufficient to show that he is the absolute owner of the property, unless his title "is affected or divested by tax-sales or purported tax-sales and proceedings under which defendants claim title."
The property consisted of two parcels of land, one assessed for the year 1895, to Elizabeth Hurst, the other assessed for the same year to W.W. Hurst. Defendants offered in evidence two deeds from the tax-collector to the state of California, each dated July 8, 1901, purporting to be based on sales of said land to the state made July 3, 1896, for the taxes delinquent on such assessment. Objection was made to each deed on the ground, among others, that the sale to the state was for an excessive amount. The trial court sustained the objection to the deed based on the Elizabeth Hurst assessment, and overruled it in the case of the deed based on the W.W. Hurst assessment. Defendant also offered two deeds from the state to R.M. Barthold, dated April 15, 1905, purporting to convey said lands to said Barthold in pursuance of sales made by the tax-collector at public auction. The trial court sustained the objection to the deed of the Elizabeth Hurst land, and overruled the objection to the deed of the W.W. Hurst land. In rebuttal the plaintiff then showed by the assessment-roll of the county, the assessment of the lands involved for the year 1895, and the taxes levied thereon.
The assessment of W.W. Hurst was one of land, the improvements thereon, and various items of personal property. The tax shown was, on personal property and half of real estate, $10.06, on remaining half of real estate, $3.91, a total of $13.97. The deed to the state specified that the costs and charges which had accrued at the time of the sale to the state amounted to the further sum of $3.71, making a total of $17.68, which was stated in the deed to the state as the amount for which the land was sold to the state. (Pol. Code, sec. 3785, as it stood at the time of the making of the deed, and which required a statement in the deed of the amount for which the property was sold.) *388
The assessment of Elizabeth Hurst was also one of land, the improvements thereon, and various items of personal property. The tax shown was, on personal property and half of real estate, $5.91, on remaining half of real estate, $3.08, a total of $8.99. The deed to the state specified that the costs and charges which had accrued at the time of the sale to the state amounted to the further sum of $2.84, making a total of $11.83, which was stated in the deed to the state as the amount for which the land was sold to the state.
We cannot look to the recitals in the deeds to the state for evidence of the amount of taxes, costs, and charges actually due (See Campbell v. Shafer, ante, p. 206, [
Upon the question of the right of the defendants to be reimbursed on account of money expended by their predecessor in title, the facts are substantially the same as those stated in the opinion in Buck v. Canty, ante, p. 226, [
The judgment and order denying a new trial are affirmed.
*391Shaw, J., Lorigan, J., Henshaw, J., and Melvin, J., concurred.