People v. Park

Crocker, J. delivered the opinion of the Court—Cope, C. J. and Norton, J. concurring.

This is an action to recover a sum of money claimed to be due for taxes on personal property assessed to the defendant in Mariposa County. The assessment was originally made in the following form:

“ T. W. Park. Mortgage on J. C. Fremont, value $350,000.

But it was afterwards changed by the Board of Equalization so as to read as follows:

“ T. W. Park. Money at interest secured by mortgage executed by J. C. Fremont, June 14,1860, and recorded in the Recorder’s Office of Mariposa County, in book E, on folios 409, 411, 412, and 413, valued at $350,000.”

The defendant was a resident of the City of San Francisco before and since the levy of this tax, and was assessed for personal prop[139]erty in that city for the same year. The Court found in favor of the defendant, and the State took this appeal.

The tax in this case was levied under the Revenue Law of 1860 (Stat. of 1860,_ 365.) Sec. 11 of that act provides that each District Assessor shall ascertain the names of all persons “ owning, claiming, or having the possession, charge, or control of any real or personal property, not exempt from taxation, within the district,” and the cash value of the same; and he is required to assess the same to such person, and to demand of every person within his district a statement under oath of all such real or personal property within his district. Sec. 14 requires the Assessor to list under the head of “ personal property,” all movable property, and movable chattels, etc., etc., including among others, “ all money at interest, secured by mortgage or otherwise.” Under this law all “ personal property within the district ” of the Assessor must be assessed in such district. It is evident that all personal property of a tangible character, such as is capable of manual possession and delivery, is to be assessed in the counly where it may be at the time of the commencement of the assessment, to wit: the first Monday in March. But the question is, in what county must personal property, of an intangible character, such as mere choses in action, debts, promissory notes and the like, be assessed in ? Are they to be considered as having a taxable locality where the debtor resides, or where the property on which the debt may be a lien is located, or where the owner resides ?