Carter v. Chevalier

THE COURT.

This action was brought by plaintiff for the purpose of quieting his title to a certain tract of land situated in Fresno County, the title claimed by plaintiff being based on a deed from the tax collector of Fresno County, dated June 25, 1927.

In the year 1896 the defendant Joseph L. Chevalier became the owner of the real property in controversy and each year thereafter paid the taxes assessed thereon save and except the second installment of taxes for the fiscal year 1921-1922, which was overlooked and thereafter became delinquent. Had the defendants been permitted to redeem from such delinquent taxes at the time plaintiff brought this action, the amount required for such redemption would

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have been, or was, $41.25, and that amount or such other amount as the court might find to be the required sum the defendants offered to pay to plaintiff. The plaintiff offered no proof of his title other than the tax collector’s deed, claiming that the deed was made pursuant to and in the form prescribed by section 3785b of the Political Code and that no other proof was necessary to establish his title.

The deed from the tax collector to appellant recites: "This indenture, made the 25th day of June, 1927, between Ray W. Baker, Tax Collector of the County of Fresno, State of California, first party, and W. T. Carter, Fresno County, second party, witnesseth: That Whereas, the real property hereinafter described was duly assessed for taxation in the year 1921, to J. L. Chevalier (stating name as on assessment roll) and was thereafter on the 19th day of June, 1922, duly sold to State of California by Ray W. Baker, Tax Collector of said County of Fresno, for non-payment of delinquent taxes which had been legally levied in said year 1921, and were a lien on said real property, the total amount for which the same was sold being Twenty-Three

&

01/100 Dollars ($23.01). And Whereas, All taxes levied and assessed against said property prior to the year 1927 have been paid and discharged. Now, Therefore, The said first party in consideration of the premises, and in pursuance of the stateute in such case made and provided does hereby grant to said second party that certain real property in the County of Fresno, State of California, more particularly described as follows, to wit: National Col. E % of Lot 30 (less 2 acs. for Dry Creek and Roads), Sec. 23, Twp. 13, Rg. 20; 8 acres. In witness whereof etc.”