Hughes v. Cannedy

Fitzgerald, C. This is an action to quiet plaintiff’s title to lots 19 and 20, in block 10, in the town of Winters, county of Yolo, and to cancel a tax deed issued by the tax collector of that county to the defendant, in pursuance of a delinquent tax sale theretofore made by him of the property in question.

The complaint, which is unverified, alleges ownership in fee and possession of the lots by plaintiff, and the adverse claim of an estate or interest therein by defendant, the nature of which is, in brief, as follows: The purchase of the lots by defendant on the twenty-fourth day of February, 1886, at a delinquent tax sale made by the tax collector of Yolo County, and the unauthorized issuance by him, in pursuance thereof, of a deed to defendant to said lots on the twenty-fourth day of February, 1888, which deed was duly recorded, and is alleged to be a cloud on plaintiff’s title.

The answer contains a general denial of the allegations of the complaint, and avers title in the defendant under the tax deed therein described. The case was tried by the court without a jury, and judgment rendered in favor of plaintiff. Defendant appeals from the judgment, and an order denying his motion for a new trial.

From the evidence, only a part of which is brought up by the record, it appears that at the time the property in question was sold for delinquent taxes to the defendant, the undisputed title thereto was in one Hayes; that it had been redeemed from the operation of the tax sale by respondent, for his sole use and benefit, before the time for redemption had expired, and that his sole right to redeem was derived from an unrecorded mortgage given by Hayes to respondent ten or twelve years before, to secure the payment of a debt; that subsequent to his redemption as such mortgagee, and prior to the issuance of the tax deed to the defendant, plaintiff acquired by purchase the title of Hayes to the property; that said [385]property was purchased by defendant at a delinquent tax sale thereof made by the tax collector of Yolo County on the twenty-fourth day of February, 1886, and on the tenth day of March, 1887, the defendant being unable to find the owner, he posted on the premises the following notice of his application for a deed: —

“notice.

“All whom it may concern will take notice that I have purchased at tax sale the following described real estate situated in the county of Yolo, state of California, to wit, lots 19 and 20, block 10, in the town of Winters; and that I will, on the twenty-fifth day of April, 1887, apply to the tax collector of said county for a deed of the whole of said real estate, unless the same is before that day redeemed. The amount necessary to effect such redemption is the sum of $6.39. W. J. Cannedy.