Shea v. Brode

SHAW, J.

Action to quiet title. Judgment for plaintiff. Defendant appeals.

Plaintiff was the record owner of the lot in question. Defendant asserted title to the property under and by virtue of a deed made and delivered to him by the board of public works of the city of Los Angeles, in pursuance of proceedings had and taken under the- provisions of the Park and Playground Act (Stats. 1909, p. 1066), to condemn certain property known as Exposition Park, the assessment for the cost of acquiring which was levied upon lots and parcels of land which included that in controversy.

[406]

The legality and correctness of the proceedings had and taken prior to the time when the assessments made became delinquent are unquestioned. Plaintiff, respondent here, challenges the validity of the proceedings upon five grounds. She claims, first, that the signing of the certificate of delinquency by E. I. Follmer, assistant clerk, was irregular and insufficient to constitute a compliance with the provisions of section 18 of the act. Second, that the certificate of sale was not executed in duplicate because, while conceding that one copy thereof was properly signed by the president of the board of public works, the signature to the other copy was a facsimile stamp signature of the same officer, affixed at his request by the clerk. Third, that the signature, “Board of Public Works of the City of Los Angeles, by Lorin A. Handley, President,” affixed to the deed, was unauthorized and insufficient to constitute an execution of the deed. Fourth, that the notice to redeem is invalid in that, after the statement of the amount due for redemption, it contained the following words inserted in parentheses: “and three dollars for serving of this notice and making affidavit thereto, as allowed by law.”

In the case of

O'Neil

v.

Brode,

40 Cal. App. 371, [181 Pac. 91], all of these questions were presented to this court upon an appeal which involved the same proceedings and assessment, and decided adversely to the contention of respondent. It is unnecessary to repeat what was there said; suffice it to say that the members of this court adhere to the conclusions reached therein in disposing of the same questions now raised on this appeal.