Conley v. Hawley

CURTIS, J. This action was instituted to quiet title of plaintiff to a certain lot of land situated in the city of Inglewood. The plaintiff prevailed and the defendant has appealed from the judgment in plaintiff’s favor.

Plaintiff claims under a city treasurer’s deed executed in pursuance of street improvement proceedings instituted under the improvement act of March 18, 1885. (Stats. "1885, p. 147, and acts amendatory thereof and supplemental thereto.) This act is better known as the Vrooman Act. Defendant claims under a city treasurer’s deed, executed in pursuance of like proceedings instituted under the same act. The proceedings under which the defendant’s deed was executed were instituted and consummated long prior to the institution of the proceedings under which plaintiff’s deed was executed. The lien, therefore, of the plaintiff being subsequent in time to that of defendant is superior to that of defendant, and a sale to satisfy plaintiff’s lien and execution of a deed by the city treasurer in pursuance of said sale completely extinguished the lien of the defendant and all of his rights in said real property acquired by him under his treasurer’s deed. (Woodill & Hulse Elec. Co. v. Young, 180 Cal. 667 [182 Pac. 422, 5 A. L. R. 1296] ; Balaam v. Pacific States S. & L. Co., 219 Cal. 612 [28 Pac. (2d) 1053]; Neary v. Peterson, 1 Cal. (2d) 703 [37 Pac. (2d) 82].)

The defendant also claims title to said real property under a sale thereof to the state for delinquent taxes for the year 1911. The property was sold to the state for delinquent taxes in 1912 and by the state to defendant Davis in 1917. At the time said property was assessed for general taxes as well as when the property was sold to the state for delinquent taxes by deed from the tax collector to the state, section 3787 of the Political Code provided that, “Such deed conveys to the State the absolute title to the property described therein, free of all encumbrances.” There are cer[25]tain exceptions to this general statement but none of them has any bearing on the question now before us. The law then in force governs the effect of the deed issued in pursuance thereof. (Teralta Land etc. Co. v. Shaffer, 116 Cal. 518 [48 Pac. 613, 58 Am. St. Rep. 194]; Johnson v. Taylor, 150 Cal. 201 [88 Pac. 903, 119 Am. St. Rep. 181, 10 L. R. A. (N. S.) 818].) The state, therefore, by said tax deed acquired said property free of all encumbrances which would include liens of all kinds. The encumbrances mentioned in said section 3787 of the Political Code, however, referred to existing encumbrances and not to future liens or encumbrances against said property which might come into being thereafter or during the time the ownership of the property was in the state. The lien of the plaintiff resulting in his deed from the city treasurer arose after the state received its deed to said property and while said property was in state ownership. Whether any such future liens or encumbrances might lawfully or legally be created against said property while in state ownership would depend upon the question as to whether said state-owned property was subject to or liable for future taxes or special assessments levied against it.