Knight v. Hall

SHAW, J.

The first cause above entitled is an action to quiet title to two lots of land in the city of Long Beach. The second is an action in ejectment brought by Hall against Tucker et al., who were in possession of the same property as tenants thereof under a lease from Jackson Deets, the alleged owner of the property.

Against the ownership of plaintiff’s testate, Hall claimed title to the property under and by virtue of two tax-deeds from the state.

Judgment was rendered against Hall in both eases, from which he appeals.

The sole question involved is the validity of the tax-deeds under which Hall asserts ownership of the property.

Without discussing other alleged defects in the deeds and proceedings, the judgments must be affirmed on account of noncompliance on the part of the tax-collector with the provisions of section 3897 of the Political Code. This section requires that the tax-collector, as a prerequisite to a valid conveyance by the state of property purchased by it for delinquent taxes, shall cause a notice of such sale to be published for three successive weeks prior to the date fixed for the sale, and shall “mail... a copy of said notice, postage thereon prepaid and registered to the party to whom the land was last assessed next before the sale, at his last known post-office address. ’ ’ The copy of the notice required to be published must, where the name of the party to whom the property was last assessed is known, be mailed at least three weeks before the sale.

(Healton

v.

Morrison,

162 Cal. 668, [124 Pac. 240];

Smith

v.

Furlong,

160 Cal. 522, [117 Pac. 527] ;

Brady

v.

Bostwick,

21 Cal. App. 526, [132 Pac. 472] ;

Henderson

v.

Ward,

21 Cal. App. 520, [132 Pac. 470];