Flannigan v. Towle

BURNETT, J.

At the time of the submission of this cause, in accordance with rule 14 ’ of the supreme and appellate courts, there was a suggestion by appellants of diminution of the record. According to the certificate of the clerk below the printed record contains an incomplete transcript of the bill of exceptions as actually settled by the trial judge. The defect consists in the omission of the objections made by appellants to the introduction in evidence of the deeds upon which defendant Towle relies for his title and the exceptions taken to the orders of the court overruling said objections.

As the record should speak the truth, the motion of appellants to supply said omission is granted and the said certificate filed in this court will be considered.

The result is, that we have a record containing no challenge of the sufficiency of the evidence to support the findings, and the only specification of error is that “the court erred in admitting in evidence defendants’ exhibits A, B, C, D, E and F.”

Plaintiffs admitted at the trial that they could show no title to the land described in any of these deeds except that contained in exhibit B. Hence they are not aggrieved parties so far as the judgment relates to the other tracts. (Code Civ. Proc., sec. 938;

Estate of Piper,

147 Cal. 606, [82 Pac. 246].)¡

The objection to said deed, B, is that the recitals therein contained show that the sale of the land to the state for de

[231]

linquent taxes was not in accordance with the requirement of the statute, as less than three weeks’ notice of said sale was given by publication. We think, however, that, under the circumstances disclosed by the record, appellants should not be permitted to urge that as a ground for a reversal of the judgment.

There is no pretense that the assessment of the taxes was not regular; it is not claimed that appellants ever paid the tax or offered to do so; there is no contention that any fraud was perpetrated or that defendant Towle did not act in good faith in purchasing the land from the state, or that he did not pay the full amount that was due.