Colkins v. Doolittle

FINLAYSON, P. J.

Plaintiff brought this action to quiet title to certain lots in the city of Los Angeles. Defendants recovered judgment in their favor, and plaintiff appeals.

Appellant’s claim of title to each lot rests upon a deed thereto, made under a certain street improvement act, and executed by the proper city officer. Each respondent answered and likewise filed a cross-complaint, alleging that he is the owner of some one or more of the lots, or of an undivided part thereof, and prayed that his title thereto be quieted. The court found against plaintiff on the issues of title tendered by his complaint; on the issues tendered by each, cross-complaint the findings were in favor of the cross-complainant; and, save as to defendants against whom the action had been dismissed, a decree was entered adjudging each defendant to be the owner of the land as claimed in his cross-complaint. At the trial it was stipulated, in substance, that the title to each lot is in the defendant or defendants claiming the same, save in so far as it may have been divested by the deeds under which plaintiff claims or affected by the street improvement proceedings pursuant to which those deeds were executed.

[778]

[1]

The deed under which plaintiff claims title to one of the lots was executed by the city tax and license collector pursuant to proceedings had under the Street Improvement Act of April 21, 1909 (Stats. 1909, p. 1042). Section 17 of that act provides that any deed executed thereunder by the tax collector shall “be

prima, facie

evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.” The deeds under which plaintiff claims title to the remaining lots were executed by the board of public works of the city pursuant to proceedings had, respectively, under the Park and Playground Act of 1909 (Stats. 1909, p. 1066), and the Street Opening Act of 1903 (Stats. 1903, p. 376). Bach of these last-mentioned acts contains a provision to the effect that a deed executed pursuant thereto shall “be

prima facie

evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.” (Sec. 25 of the Park and Playground Act—Stats. 1909, p. 1073; and sec. 29 of • the Street Opening Act of 1903—Stats. 1903, p. 384.)