Westover v. Stanley

JAMISON, J.,

pro

tem.

This action was brought by plaintiff, respondent-appellant, under the provisions of an Act to provide for the Establishment and Quieting Title to Real Property in Case of Loss or Destruction of the Public Records, approved June 16, 1906, and commonly known as the McEnerney Act. (Stats. 1906 [Ex. Sess.], p. 78.)

The plaintiff will be hereinafter referred to as Westover and the defendants as the Stanleys.

Judgment went in this action for the Stanleys that they were the owners of the real property described therein subject to lien thereon in favor of Westover for taxes and assessments paid by Westover, that were assessed against the said real property during the years of 1919 to 1924, inclusive, amounting to $1,832.39, and the sum of $3,424.85 paid by Westover for taxes, sewer assessments, and Twin Peak Tunnel assessments on said property up to May 14, 1917.

The Stanleys appeal from the portion of the judgment which awards Westover the $3,424.85 and Westover appeals from that portion of the judgment that decrees title to said property to be in the Stanleys and from that portion of the judgment that fails to allow him additional amounts for taxes and assessments paid out by him on said real property.

This case and Civil No. 3498,

Samuel B. Stanley and Joseph Stanley etc. et al.

v.

Delbert L. Westover, ante,

p. 97 [269 Pac. 468], were tried at the same time and the evidence in each is, in the main, practically the same and the judgments are identical.

In the instant case Westover sets forth in his complaint that he is the owner of all of three tracts of land described by metes and bounds, being parts of blocks 1024, 1025, and

1026,

Outside Lands. Upon the trial of this case it was proven that Westover was not, at the date of the

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