Potter v. Entler

BARNARD, P. J.

This is quiet title action and the plaintiff has appealed from a judgment in favor of the defendants. The appeal is presented on a clerk’s transcript and four original exhibits.

The complaint is in the usual form, alleging that the plaintiff is the owner of certain real property, that the defendants wrongfully claim an interest therein, and that the defendants have abandoned any interest which they may have had in or to the property. The prayer is that the defendants be required to set forth the nature of their claims, that it be adjudged that the plaintiff is the owner of the property, and that the defendants be restrained from asserting any claims in or to the land adverse to the plaintiff. The defendants Entler answered admitting that they claimed an interest in the property, and denying that their claim was without right. The court found that the plaintiff was not the owner of this property and had no interest therein; that the defendants Entler claimed an interest in the property; that said interest is a valid claim; that as against the plaintiff these defendants are the owners of the property and have the right to redeem the same from any sale or sales which might have been previously made for delinquent taxes; and that it is not true that these defendants have abandoned any right, title or interest which they may have had in and to the property. A judgment was entered quieting title in the defendants Entler as against the plaintiff and all persons claiming under or through him.

The plaintiff moved for a new trial pursuant to a notice of intention specifying as grounds therefor, the insufficiency of the evidence, that the judgment is against the law, and errors in law occurring at the trial. The motion for new trial was denied on December 7, 1944, and on December 30, 1944, a notice of appeal was filed, together with a notice

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for the preparation of both a clerk’s and a reporter’s transcript.

The only record before us, other than the clerk’s transcript, is four original exhibits, as follows: 1. A notice of tax sale giving notice that unless sooner redeemed this land will be sold on June 30, 1932, for delinquent taxes for the years 1925 and 1926. 2. Three redemption receipts signed by the county auditor, one for $569.71, dated June 25, 1931, one for $10, dated June 25, 1931, and one for $541.73, dated June 21, 1932. 3. A commissioner’s deed dated March 11, 1937, conveying the property to N. M. Bntler pursuant to a judgment and decree made by the superior court of San Bernardino County on January 27, 1936, in an action between N. M. Bntler as plaintiff, and Leslie D. Stephens et al., as defendants, and reciting that the land was duly sold at public auction on March 9, 1936, for the sum of $35,000. This deed was recorded August 27, 1943. 4. A deed dated November 2, 1942, executed by the guardian of the Estate of Leslie D. Stephens, an incompetent person, conveying all of his right, title and interest in the property in question to M. Potter. It is recited in this deed that Leslie D. Stephens’ interest in the property had been sold to Potter for $50, subject to the confirmation of the court, and that the court had confirmed this sale. This original deed contains no marks indicating that it has ever been recorded.