Campbell v. Canty

SHAW, J.

The complaint states a cause of action in the ordinary form under section 738 of the Code of Civil Procedure to determine adverse claims to one hundred and sixty acres of land in Fresno County, alleging that plaintiff is the owner and that defendant asserts a claim thereto without right. The answer denies the allegations of the complaint and alleges that the defendant is the owner under and by virtue of a sale and deed to the state for delinquent taxes and a subsequent sale and deed by the state to the defendant in pursuance of the tax-sale. The court found that the plaintiff was the owner of the land and gave judgment for her quieting her title, unconditionally, and for costs of suit.

The validity of the sale to the state for the delinquent taxes need not be considered. It was made on July 3, 1897. The deed to the state in pursuance thereof was made on July 3, 190-2. Upon the authority of the decision of this court in Bank in

Buck

v.

Canty, ante,

p. 226, [121 Pac. 924], the sale and deed from the state to the defendant are obviously invalid. This sale and deed were made on May 5, 1905, by the tax-collector of the county, in pursuance of notices previously given in accordance with the law in force prior to the enactment of the amendment of March 1, 1905, to section 3897 of the Political Code (Stats. 1905, p. 31). That amendment took effect five days before the sale, the notices given did not comply with its requirements, and for the reasons given in

Buck

v.

Canty

the sale was unauthorized by the law in force at the time it was made and is consequently void. The decision of the court below that the defendant had no title to the land was therefore correct.

In addition to the allegations of ownership in plaintiff, the complaint avers that the defendant claims to have paid taxes on the land and to have a lien thereon for the sum paid, and that the plaintiff, on March 25, 1908, and before suit, had tendered defendant fifty dollars in satisfaction of said claim, which defendant refused. The answer admits the tender and refusal. The findings are in the general form that all the allegations of the complaint are true and all the allegations of the answer untrue. This is the equivalent of a specific finding as to each allegation of the answer as well as those of