Mallman v. Kneeben

SPENCE, J.

This was an action to quiet title to certain property in Los Angeles County which was described in the complaint as follows: “Lots 1, 5 and 6, block 6, Silver Strand Tract, as shown on book 7, page 86 of maps, Records of Los Angeles county, California, excepting a portion of said Lot 1 conveyed to the City of Venice, California ...” Thereafter followed the description of the portion of said lot 1 which was excepted. The prayer of the complaint also asked for an accounting, the appointment of a receiver and other relief. Judgment was entered denying any of the relief asked in the prayer of the complaint and plaintiffs have appealed.

Appellants have attacked numerous findings made by the trial court but the entire controversy involves the question of the validity of certain tax deeds and the proceedings leading up to their issuance. Appellants ’ title to said real property was based upon said tax deeds. The determination of the validity of the proceedings relating to the portion of lot 1 described in the complaint gives rise to a question which is not involved in the determination of the validity of the proceedings relating to lots 5 and 6. We shall therefore first discuss the questions raised with respect to the lots last mentioned.

Without setting forth the descriptions of said lots 5 and 6 as found in the various proceedings leading up to the issuance of the tax deeds thereon, we may state that respondents’ attack upon the sufficiency of said descriptions is based solely upon the manner in which reference was made therein to the recorded map. Respondents set forth the description used in the assessment books and elsewhere in these proceedings and then concede that “Ostensibly, this description of the property is adequate and in conformity with the requirements of section 3658a of the Political Code.” But they point out that the reference to the map was “Silver Strand, as per Bk. 7, p. 86 of Maps, Records of L. A. Co.”, while the evidence showed that the map, including descriptive matter, occupied all of page 86 and also a portion of page 87 of said book of maps. The truth of the matter is that the

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only portion thereof which is found on page 87 is the name “Silver Strand” together with certain printing referring to the owners, the place of recording of their deeds, the name of the city, the date,. the .name of the engineer and the scale. The,map proper, which includes the lots in question, is found in its entirety on page 86.