Strauss v. Canty

SLOSS, J.

The defendant appeals from a judgment quieting plaintiff’s title to a tract of land in Kings County. He also appeals from an order denying his motion for a new trial.

The plaintiff claims as successor in interest of Arney L. Weddle, to whom the land was granted by a United States patent on March 7, 1892. The defendant claims under a tax-deed, and also relies upon a title by prescription and the statute of limitations.

The plaintiff showed a good deraignment of title from Weddle. The record contains reference to a deed from Lucinda E. Weddle (wife of Arney L.) to Arna L. Weddle. The deed was intended to convey any possible interest of the wife to the husband. Waiving the question of the effect of the mistake in the grantee’s name, there is nothing to show that the wife had any interest, and, so far as the proof goes, Arney L. Weddle was the sole owner of the land. Even if it was community property, he had the right to convey it for a valuable consideration. He did convey it to Frederick in 1907 by a deed reciting such consideration. Thereafter the plaintiff obtained a money judgment against Frederick, had execution levied, and purchased the property at the execution sale. The sheriff’s deed was executed to the plaintiff on December 12, 1909. The evidence offered by plaintiff in this behalf consisted of the judgment against Frederick, the execution, with the sheriff's return showing the sale and the affidavit showing due publication of notice of sale, and the sheriff’s deed in proper form. These papers were sufficient to show the acquisition by plaintiff of Frederick’s title.

(Blood

v.

Light,

38 Cal. 649, [99 Am. Dec. 441]

; Hihn

v.

Peck,

30 Cal. 280;

Peterson

v.

Weissbein,

75 Cal. 174, [16 Pac. 769].)

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