People v. Taliaferro

PEEK, J.

Defendant appeals from a default judgment arising out of an action instituted by the state pursuant to the provisions of section 3651 et seq., of the Revenue and Taxation Code, relating to the rents which the state alleges were received by defendant from certain parcels of real property in Contra Costa County during the period between the date of recording of the deeds to the state and the time of redemption of the property.

The complaint alleges that on June 30, 1949, certain parcels of real property were conveyed to the state for nonpayment

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of taxes; that the deeds were thereafter recorded; that the state was the owner of and entitled to the rents, issues and profits from said parcels between the date of recordation and the date of redemption; that the defendant took the rents, issues and profits from said parcels during such periods and at all times retained the same, the exact amount and value of which were unknown to the state; and that plaintiff demanded of defendant an accounting, but defendant refused and paid plaintiff no part thereof. The prayer was for an accounting of said rents so received by defendant and for the sum then found to be due.

The defendant’s motion for a change of venue and his motion to dismiss the complaint were denied. His demurrer was overruled and he was given 15 days in which to answer. His purported appeal from said orders was dismissed as not having been filed within the period prescribed by rule 2(b) of Rules on Appeal.

(People

v.

Taliaferro,

127 Cal.App.2d 462 [273 P.2d 920].) On the day following the filing of our order of dismissal, defendant’s default was entered by the clerk of the Superior Court of Sacramento County. Shortly thereafter that court, after hearing and considering the evidence introduced, entered its judgment in favor of the state, and this appeal by defendant followed.

Although much of what is now argued by defendant was previously decided against him (127 Cal.App.2d 462), and although much of what is set forth in his briefs is completely outside of the record, this being an appeal on the judgment roll from a default judgment, nevertheless we have attempted to note and discuss the numerous contentions he has made as though they were properly before us.