Security Investment Co. v. Douglas

WHITE, J. This is an appeal taken from a judgment and decree quieting plaintiff and respondent’s title to three lots in the city of Los Angeles.

Plaintiff and respondent, hereinafter called “plaintiff,” bases its title to each of said parcels of real property upon three tax deeds issued to the State of California in 1936 and tax deeds from the State of California to plaintiff issued October 13, 1944, pursuant to a sale held on said date in accordance with the provisions of division 1, part 6, chapter 7 of the Revenue and Taxation Code. At the trial it was stipulated that the property here involved was sold for taxes to the state on June 30, 1931, deeded to the state in 1936, and on October 13, 1944, was sold by the state to plaintiff.

Defendant and appellant Mendel E. Fink, hereinafter called “defendant,” bases his title to the three lots here in question upon three street improvement bonds issued on March 3,1922, by the treasurer of the city of Los Angeles pursuant to the provisions of the Improvement Act of 1911 then in force and effect.

On October 30, 1935, Trompeter and Company instituted an action in the Superior Court of Los Angeles County for the foreclosure of said street improvement bonds. On February 21, 1939, a judgment was entered in favor of Trompeter and Company, and thereafter, on March 4, 1940, pursuant to such judgment, a commissioner’s deed was issued to Trompeter and Company which was duly recorded on March 8,1940.

Through the medium of duly recorded deeds, the property changed hands several times until on October 1,3, 1944, a deed was recorded, executed by The Sterling Company, a corporation, to defendant, conveying to him said property. Defendant’s title, if any, therefore rests upon and flows by direct chain of title from street improvement bonds issued on March 3, 1922, by the city of Los Angeles pursuant to the provisions of the Improvement Act of 1911, and which bonds were foreclosed in 1940 by virtue of the commissioner’s deed to the grantee named therein.

In the trial court, defendant introduced into evidence the delinquent tax list for the year 1935 showing that the publication of the entire delinquent list was had in more than one newspaper of general circulation in the county. In the court below and now on appeal, defendant contends that such divided publication was contrary to section 3766 of the Political Code (now included in Rev. & Tax. Code, §§ 3391 et seq.), and that [594]