Furrey v. Lautz

ANGELLOTTI, J.

This is an appeal by the defendant from a judgment in favor of plaintiff, and from an order denying his motion for a new trial, in an action brought by plaintiff to quiet his alleged title to lots 23 and 24 in block 4 of the town of Glendale, Los Angeles County, California.

Plaintiff claimed under certain deeds to him from the state of California based on sales made by the tax-collector of Los Angeles County under authorization from the state controller, the property having been theretofore sold to the state for nonpayment of the state and county taxes for the year 1900, and no redemption thereof having been effected within five years thereafter, deeds therefor having theretofore been executed to the state. If these deeds from the state were effectual to •convey the title to plaintiff Furrey, the purchaser, he was at the time of the institution of this action the absolute owner of the property here involved.

But two points are made for reversal.

The first point is based on the fact that each lot was offered for sale and sold by the state as a whole for a sum largely in excess of the delinquent tax and co'sts, etc., due thereon. It is not claimed that this course was not in strict accord with the

[399]

law relating to sales

by

the state of property that it has acquired on account of the non-payment of taxes, etc. (See Pol. Code, sec. 3897.) The claim is that inasmuch as a portion of each lot could have been sold for an amount sufficient to pay all taxes, costs, charges, etc., due thereon, and as the law makes no provision for the payment of the excess received by the state to the former owner of the property, the statute relative to such sales by the state is unconstitutional. Of this point, the district court of appeal of the second district said: “This identical question was presented to the court in the case of

Fox

v.

Wright, 152

Cal. 59, [91 Pac. 1005], where the subject is fully discussed, and it was there held that neither the provision of law authorizing the state to sell as a whole a tract or parcel of land acquired by it under tax proceedings, nor that authorizing the retention of the surplus proceeds of sale where the amount received is in excess of that which the state could exact before sale upon redemption of the property, renders the law obnoxious to the provisions of either state or federal constitution. Upon the authority of that case, approved in