Elbert, Ltd. v. McKenna

SHINN, P. J.

This is an action to quiet title. Some 20 years prior to any of the proceedings hereafter mentioned Catherine A. McKenna and J. Irving McKenna acquired title by deed to Lots 8 and 9, Block B of the Cambridge Tract as per map recorded in book 9, page 188, records of Los Angeles County. They have been in possession and have paid taxes on the property since that time. Plaintiff claims title by virtue of two deeds of the city treasurer of Los Angeles, dated August 23, 1949. One deed conveyed Lot 8 to Elbert, Ltd., and recited that the property had been sold to Frank R. Sipe for $1,507.24 to foreclose Street Improvement Bond No. 627, Series No. 3, for the improvement of Montana Avenue and that the property had not been redeemed from the sale. The other deed was the same except that it conveyed Lot 9 and the bond foreclosed was No. 637 and the amount of the foreclosure was $1,595.53.

Plaintiff introduced into evidence the two treasurer’s deeds and rested. These deeds which were issued under the Improvement Act of 1911 (now Sts. & Hy. Code, §§ 5000-6794), were primarily evidence of the regularity of foreclosure proceedings theretofore had. (Sts.

&

Hy. Code, § 6555.) They were prima facie evidence of title.

(Sipe

v.

McKenna,

106 Cal.App.2d 559 [235 P.2d 416].)

Defendants in their answer alleged that the issues of the present action had previously been adjudicated in their favor. They introduced in evidence superior court files Nos. 293146 and 293143. The first of these was an action brought by M.

[482]

Blakesley against J. Irving McKenna to foreclose Bond No. 637. This action was dismissed for want of prosecution. The second action was brought by Blakesley against J. Irving Mc-Kenna and others and was for the foreclosure of Bond No. 627. It also was dismissed for want of prosecution. Each bond had been issued in July, 1928. Each action was filed in December, 1929, and was for the failure to pay certain bond installments. The orders of dismissal did not adjudicate the claims of title asserted by plaintiffs in the present action. Defendants introduced file No. 471495 which was an action brought in December, 1941, by Ralph W. Evans, as Building and Loan Commissioner of the State of California, against J. Irving McKenna and others to foreclose Bonds No. 627 and No. 637 for the full amount thereof. This action was dismissed by the plaintiff. None of these actions adjudicated title in favor of defendants as against plaintiff or any predecessor in interest.