Huddleston v. Washington

CHIPMAN, C.

Plaintiff’s action was to recover from defendant Harriet Washington one half of the taxes paid by plaintiff on certain real property in the city of Los Angeles. Plaintiff had judgment, from which and from the order denying their motion for a new trial defendants appeal.

The court found the following facts: Defendants are husband and wife, and the husband is joined for that reason only; that plaintiff is the owner in fee of the south half of lot 3, block 7, Ord’s Addition, fronting sixty feet on Spring Street; defendant Harriet Washington owns a life estate in the north half of the lot, and the remainder is owned by plaintiff; a building constituting three storerooms, with a common entrance in the house to the second story, occupies the entire frontage, there being a difference in the value of the north and south half of the lot of $900. The entire lot was assessed to plaintiff for the year 1899, and the tax levy amounted to $1,556.76; the first installment thereof became due the second Monday of October, 1899, and delinquent the last Monday in November, 1899, and if not then paid a penalty of fifteen per cent would attach. Prior to said last-mentioned time plaintiff requested defendant Harriet to pay one half of said tax, but she neglected and refused to do so, and to prevent the said tax from becoming delinquent plaintiff was compelled, and did, on November 27, 1899, pay all said first installment,—to wit, $778.18. Because of the un

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equal value of the north and south half of the lot and improvements, the court found that there became due and owing plaintiff from defendant Harriet $376.18, being less than one half of the amount claimed. Plaintiff offered to pay the tax collector the tax levied on the south half of said lot, which he refused to receive, and she thereupon paid the whole to prevent the property from becoming delinquent. The court further found that it was the duty of defendant Harriet to pay plaintiff upon the first installment said sum of $376.18,. and that plaintiff paid the same for the use and benefit of said defendant on November 27, 1899, no part of which has been repaid, and unless plaintiff had so paid said tax it would have become delinquent and a penalty would have attached thereto. “The court further finds that the defendant Harriet Washington did not request said plaintiff not to pay said taxes, and further finds that she did not expressly request plaintiff to pay the same, but was present when they were paid by plaintiff, and did not object to the payment of the same by her; . . . that during all the year 1899 defendant received an income from said property, an average of $175 per month,, and said income was more than sufficient to pay all the taxes, assessed against said property.”