Shepard v. MacE

HENSHAW, J.

These two actions are to -quiet title to land. The land in controversy was a section of land unsuitable for cultivation. A certificate of purchase had been issued to defendant, Jennie C. Mace, on November 4, 1899. She paid one year’s interest on January 6, 1890, and again a year’s interest upon December 27, 1890. She made no further payments of interest, and by reason of her default proceedings were taken to foreclose her rights. Upon November 20, 1895, suit was instituted by the district attorney of San Diego County, wherein the land was situated. In this action the people of the state of California was plain

[272]

tiff, and Jennie C. Mace, appellant herein, was defendant. Service

of

the summons issued in the action was obtained by publication made upon the order of the court, which order in turn was based upon the affidavit of the deputy district attorney. Upon November 6, 1896, or nearly a year after the date of the action, a decree was entered foreclosing all the right of the defendant, and vacating and annulling the certificate of purchase which had been issued to her. In May, 1900, nearly four years after the rendition of this judgment, and about nine years after the defendant ceased to pay the annual interest installments due to the state, this plaintiff, Ella G-. Shepard, made application to purchase the south half of the section in question, and on October 18, 1901, patent was issued to her by the state. Nearly .six years after the date of the decree foreclosing her right to the land, and more than ten years after her default in the payment of interest due to the state, Jennie C. Mace, without payment or tender of payment of any amount to the state, made claim to the property, and these respondents, learning of the claim, instituted their separate actions to quiet title. The facts recited as to the case of

Shepard

v.

Mace

are identical with the facts in the case of

Winnek

v.

Mace,