Johnson, Inc. v. Warden

MOORE, P. J. As holder of a tax deed conveying three lots in tract 10,509 in Los Angeles County, respondent sued Charles P. and Grace P. Warden to quiet its title in the property. Charles having deceased after filing his answer, Grace as his executrix, defended the action but defaulted in her individual capacity. She appeals from an adverse judgment.

The evidence of respondent consisted solely of recorded documents. The first of these was a “tax deed” dated June 22, 1940, from the county tax collector to the city of El Monte which instrument recites (1) the prior conveyance of the lots to the state for the nonpayment of taxes; (2) the termination of the right of redemption (see Rev. & Tax. Code, § 3791), and (3) the grant of the property to the city of El Monte. The second instrument was the “tax deed” dated July 13,1940, from the tax collector of El Monte to respondent [699]which recites the former conveyances, termination of the right of redemption as provided by section 66, Ordinance 4, of the city, the consideration paid by respondent for the property, and the grant thereof. Both instruments were certified by the Registrar of Titles of Los Angeles County. The levy of the city’s tax on the property was proved (Code Civ. Proc., §§ 1919 and 1951) to have been authorized by section 66 of Ordinance 4 of El Monte and the conveyance to respondent was directed by a resolution of the city council.

Such proceedings, directions and conveyance are authorized by section 3791, 3810, 3841 of Revenue and Taxation Code, (formerly Pol. Code, §§ 3897 et seq.), and prove the transfer of title from the city to respondent. To show a clear title vested in respondent it was essential to show that title was legally vested in the city’s grantor, to wit, the state. Happily this was done by appellant’s introducing in evidence the “certificate of title” issued by the registrar of titles. That document dated September 17, 1936, certifies that the state is “the owner of an estate in fee simple” in the described property. It is some proof of the state’s ownership as provided by section 42, Land Title Law [Stats. 1915, p. 1932], Act 8589, Deering’s General Laws which is as follows: “Register of land conclusive as evidence. The register of any land, and duly certified copies thereof, shall, except as herein otherwise provided, be received in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the estate or interests therein specified.” Its contents not having been contradicted by any evidence the record shows a complete chain of title in respondent.