Warden v. Welch

GIBSON, C. J. This action was brought pursuant to the provisions of sections 33 and 98 of the Land Title Act (2 [617]Deering’s Gen. Laws, Act 8589) for a decree compelling the registrar of titles to file a deed conveying certain real property to plaintiff, to cancel a certificate of title theretofore issued to the defendants Svensrud, and to issue a certificate of title to plaintiff showing him to be the owner of such property in fee simple. A general demurrer filed by defendants Svensrud was sustained without leave to amend and judgment was entered thereon. Plaintiff has appealed.

The complaint sets forth in substance the following essential facts. The land here involved was registered under the Land Title Act in 1924 and by mesne conveyances title became vested in Charles P. Warden, to whom a certificate of title was issued. In February, 1927, the holder of a bond representing a street assessment against the property commenced an action in the Superior Court of Los Angeles County to foreclose the bond. Notice of Us pendens in the action was filed with the registrar of titles, judgment of foreclosure of the bond was ordered and, pursuant thereto, the commissioner appointed by the court sold the property on June 7, 1933, to Ross Welch. The commissioner’s certificate of sale was filed with the registrar of titles and, at the expiration of the time for redemption, the commissioner’s deed was issued and filed, and, in February, 1935, a certificate of title was issued to Welch. Thereafter Welch conveyed the property to the defendants Svensrud and the registrar issued a certificate of title showing an estate in fee simple vested in them. On November 2, 1936, a deed executed in July, 1936, by Charles P. Warden and his wife purporting to convey the property to the plaintiff, and the certificate of title which had been issued to Charles P. Warden prior to the foreclosure proceedings were presented to the registrar of titles and demand made that he file the deed and issue a certificate showing title to the property to be vested in the plaintiff. The registrar refused to comply with such demand and the present action resulted.

Plaintiff contends that the certificate of title issued to defendants Svensrud as a result of a conveyance to them by the purchaser at the foreclosure sale is void and of no effect .because such sale was of registered land “for a tax or assessment” and notice of the purchase as required by section 77 of the Land Title Act was not given to the registrar. That section provides in part: