Sahagun v. Dickison

BRAY, P. J.

Defendant appeals from judgment quieting title in plaintiff in certain real property.

Question Presented

May defendant on appeal for the first time question the description in the tax deed ?

Record

Plaintiff’s complaint alleged ownership in certain described

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real property in Monterey County.

1

He alleged title by reason of a tax deed. Defendant filed a general and specific denial of the allegations of the complaint. At the trial it developed that the property was assessed for taxes in 1946, sold to the state in 1947, for nonpayment of those taxes, deeded to the state in June 1952, and in September 1952, deeded to plaintiff by the tax collector of Monterey County. Defendant claimed through grantors who at the time defendant’s deed was recorded had no record interest in the property.

. The court found plaintiff to be the owner of the property which is described in the findings and judgment by reference to a recorded map and by metes and bounds, and quieted plaintiff's title thereto.

Failure to Question Description

No contentions are raised on this appeal as to any of the issues presented to the trial court. Defendant now contends that the description of the property as set out in the deeds to the state and from the state to plaintiff is so defective as to make the deeds void, and that therefore the validity of the tax deed was not established. No such contention was made in the trial court. It is too late to raise that question now. “ It is elementary that questions not raised in the trial court will not be considered on appeal. (See many eases collected 3 Cal.Jur.2d § 140, p. 604.) Under this well settled rule a party is prohibited from asserting on appeal claims to relief not asserted or requested in the court below, and is prohibited from asserting matters of defense not there presented. [Citations.] ”

(Algeri