Los Angeles Olive Growers' Assoc. v. Pozzi

This action is to quiet title to a small strip of land on the south side of Garibaldi Street in the city of Los Angeles. Plaintiff had a decree in its favor and defendant appeals. The point involved on this appeal is solely whether the judgment is sustained by the findings.

From the findings it appears that defendant is the owner of the strip of land in controversy unless deprived of his title thereto under a deed issued to the predecessor of plaintiff on a sale of the property under street improvement proceedings. As to such proceedings which were taken to improve Macy Street in said city under "An act to provide a system of street-improvement bonds to represent certain assessments for cost of street work and improvements within municipalities, and also for the payment of such bonds" (Stats. 1899, p. 43), the court found that after the improvement of said street a portion of the property of defendant was assessed for such improvement, the description thereof in the assessment being a narrow strip of land running along Garibaldi Street 239.99 feet, its southerly line 241.25 feet and its end lines being each 2 feet wide. The diagram accompanying the assessment made the description a little less than the assessment itself and the certificate of the city superintendent of streets of the city of Los Angeles required by the act to be sent to the city treasurer gave a more general description of the land assessed than was contained in the assessment itself, and as so described included all the land described in the assessment and over a foot of land in addition. Thereafter the city treasurer, as provided in the act, issued a street improvement bond in which the land assessed was described as contained in the certificate *Page 456 of the city superintendent of streets. Default was made in the payment of the bond and under the provisions of the act on demand of the holder the city treasurer caused the land to be sold, issued a certificate of sale and in due time a deed for the property. In the bond, proceedings for the sale, the certificate therefor and the deed, the property was described as in the city street superintendent's certificate to the treasurer which included more land in their descriptions and to the extent we have stated than was described in the assessment. In addition the court found that the defendant had erected a building on a portion of the lot sold under the street improvement proceeding, but not on any portion of the property as described in the assessment. The court awarded a decree to plaintiff quieting its title, not to the strip as described in the complaint which followed the description in the certificate of the superintendent of streets, the bond, certificate of sale, and deed, but strictly as contained in the assessment.