Missler v. Sommer

DORAN, J.

The within action to quiet title involves a lot sold to the state for delinquent county and city taxes for the fiscal year 1931-32 and purchased by plaintiffs from the state at a tax sale on August 22,1945.

On May 16, 1947, the same lot was sold by the treasurer of the city of Los Angeles to one E. A. Stevens as the result of proceedings for the foreclosure of an improvement bond issued December 26, 1928, payable in 10 installments commencing January 2, 1930, the final installment being due January 2, 1939. No payment of principal or interest had been paid on this bond since July 2, 1931.

Defendant Cora W. McCoye is the successor in interest to the above mentioned E. A. Stevens, the original purchaser of the bond.

The court found in substance that by reason of the purchase of said lot, plaintiffs “have a lien on said lot for the sum of $650.00 and that the defendant Cora W. McCoye has a lien thereon for the sum of $4,205.78, and that plaintiffs, together, are the owners of an undivided one-half interest in said property and that defendant Cora W. McCoye is the owner of the other one-half interest in said property.” The judgment provided the plaintiffs and defendant were tenants in common and that each had a lien on the property for the above-mentioned sums each had invested.

Plaintiff’s appeal from the judgment is based on the contention that the holder of the bond, “failed to cause a sale to be made by the Treasurer within the time permitted by Section 330 of the Code of Civil Procedure, and that, therefore, the lien of the said bond was extinguished under the provisions of Section 2911 of the Civil Code.”; that the sale by the City Treasurer of Los Angeles on May 16, 1947, was void and that the lien existing by virtue of the bond no longer existed because of the failure to sell the property on or before January, 1947.

[419]

Appellant relies on

Rombotis

v.

Fink,

89 Cal.App.2d 378 [201 P.2d 588], pointing out that “The facts in this case are almost identical.” At the trial of the action it was shown that “a demand for foreclosure was duly made upon the Treasurer of the City of Los Angeles on October 16, 1946, at which time his charges of $15.00 were paid by the holder of the bond.”