Luberco, Ltd. v. Boswell

DORAN, J. The complaint herein is in three counts: quiet title, partition and declaratory relief. The quiet title count, in simple form, alleges ownership of Lot 13 in Block 59 of H. T. Hazard’s East Side Addition to the City of Los Angeles, as per map recorded in Book 24, Page 25 et seq. of Miscellaneous Records, Los Angeles County. The count for partition alleges plaintiff’s ownership of a tax title and two street bonds covering the property, and ownership by defendant Zaslow of a certificate under street bond foreclosure. ‘' Interests of other defendants,” according to the respondent’s brief, “were under the fee, appellant holding an undivided one-half. After issue had been joined, plaintiff redeemed the Zaslow certificate, thus eliminating the ‘parity’ situation, and resolving the action into one to quiet title.”

It further appears that the property, assessed to Anna Dupea, went delinquent for the last half of 1925-1926 city and county taxes; was deeded to the state September 1, 1931; and was deeded by the state to plaintiff on October 14, 1944. The appellant denies all allegations contained in the complaint, claiming title and 20 years adverse possession of the property. The answer also alleges that plaintiff’s tax deed is void; that the alleged street bond constitutes no existing lien and that action thereunder is barred under sections 329, 330, of the Code of Civil Procedure, relating to foreclosure of street improvement liens, and various statutes of limitation covered by sections 337, 339 and 343. Catherine McKenna’s answer offers to do equity by paying to respondent $175, “for a quitclaim of any interest plaintiff might have by reason of the said tax deed.”

[948]The trial court, after trial of the issues, found that the respondent-plaintiff, Luberco, Ltd. “is the owner and is entitled to possession” of the property in question, subject to tax and assessment liens, and that appellant McKenna has no interest therein. Judgment pursuant thereto was entered on September 21, 1948. Appellant’s motion for a new trial was submitted to the trial court on briefs; the same was denied, and the present appeal followed.

Although, as respondent points out, “Appellant’s opening brief contains no statement of facts and virtually defies understanding containing the points raised,” the record discloses that one Anna Dupea, a defendant in this action, was the original owner at the time of the tax levy which ultimately resulted in plaintiff’s tax deed; that Anna Dupea, said to be an old age pensioner, failed to pay the taxes, gave a mortgage to the county of Los Angeles, and deeded the property to the appellant. Catherine A. McKenna informed the trial court that “I had a former conveyance from the former owner, and I own the entire fee title. Anna Dupea is still in possession as my tenant. That is all.”