Campbell v. Moran

ANGELLOTTI, J.

This is an action to quiet plaintiffs’ alleged title to the land described in the complaint, being- a lot in the city of Los Angeles. Defendant Nellie Skinner Moran had judgment that plaintiffs have no interest in the property, and that, as against them, she is the absolute owner thereof. Plaintiffs appeal from the judgment, and from an order denying their motion for a new trial.

It was stipulated at the trial that plaintiffs have no title to the property except such as they may have acquired by virtue of an attempted sale by the state on account of non-payment of state and county taxes for the year 1902, and that unless the title to the property be shown to be vested in plaintiffs by virtue of such attempted sale, the title to the property in controversy is vested in said Nellie Skinner Moran.

For the purposes of a decision herein, it will be necessary to consider only one of the many points made by respondents in support of the determination of the trial court.

The assessment of the property for the year 1902 was to “James Moran.” The tax thereon not having been paid, the property was sold to the state on July 1, 1903, and no redemption having been made within five years from the date of

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.such sale, a deed of the property was made to the state by the tax-collector on July 2, 1908. (Pol. Code, sec. 3785.) Thereafter, in the year 1909, it was attempted to make a sale of this property through the tax-collector of Los Angeles County as authorized by and in accord with the provisions of section 3897 of the Political Code. The attempted sale was had on February 19, 1909, and plaintiffs were the purchasers at such sale. The last assessment of this property "next before the sale” was in the year 1908 and was to “Nellie S. Moran,” defendant herein, and the address of said defendant, written on the assessment book, was “833 S. Spring St.” It was definitely shown by the evidence that no notice or copy of notice of this sale was ever mailed by the tax-collector to said Nellie S. Moran, or to any person at the address shown by the last assessment. A notice of such sale, with the postage thereon prepaid, and registered, had been mailed, addressed to “James Moran, 249 South Spring Street, Los Angeles, California,” and this had been returned by the postmaster to the tax-collector on February 8, 1909, without having been delivered. As we understand the record, this was the only notice by mail of the sale that was ever attempted to be given, and is the notice by mail referred to in the deed from the state as having been given. No claim to the contrary is made by counsel for plaintiffs.