163 P. 204 | Cal. | 1917
Action to quiet title. The plaintiff claims under a tax sale and deed. The court gave judgment dismissing the action upon payment by the defendant to the plaintiff of the amount bid at the tax sale. The plaintiff appeals from the judgment and from an order denying her motion for a new trial.
On August 8, 1911, the property was conveyed to the state of California for nonpayment of taxes levied in the year 1905. A deed was made by the tax collector of San Bernardino County to plaintiff's predecessor on January 22, 1912. This instrument recited, among other things, the due publication of a notice of sale to take place on the twenty-second day of January, 1912, and that the tax collector did, on the twelfth day of January, 1912, "mail a copy of said notice, postage thereon prepaid and registered to the party to whom the land was last assessed next before such sale at his last known postoffice address, Redlands, Cal."
Under section 3897 of the Political Code, the mailing of the notice, where the postoffice address of the party to whom the land was last assessed is known, is a prerequisite to the authority of the tax collector to make the sale. (Smith v. Furlong,
The appellant contends, however, that the evidence introduced by her shows that the postoffice address of the person to whom the property was last assessed was not, either constructively or in fact, known to the tax collector, and that, therefore, no mailing was necessary. Section 3898 of the Political Code, as it read at the time of the deed to plaintiff's grantor, provided that the deed from the tax collector to the purchaser should recite "the fact necessary to authorize such sale and conveyance." The mailing of a copy of the notice was one of the facts necessary to authorize the sale (Smith v. Furlong,
The appellant makes the further point that the delivery of the deed was not necessary to complete the sale by the tax collector. Assuming the validity of the point (seeYoung v. Patterson,
The judgment is affirmed.
Shaw, J., and Lawlor, J., concurred.