Elbert, Ltd. v. Semerad

MUSSELL, J. These actions are for partition of real property in San Diego County and were brought pursuant to section 752 of the Code of Civil Procedure. The plaintiff claims title through the foreclosure of street improvement bonds and defendants claim the property by tax deeds to the State of California and from the State of California to the defendants.

It was stipulated at the trial that the court could render the same decision in each of said cases as the evidence would be identical except for the amount of the equitable liens owned by each of said parties in the event the court ordered judgment of partition.

The trial court found that plaintiff is not the owner of an equitable lien, or other lien, affecting the property involved; that plaintiff’s predecessor in interest, M. Blakesley, now known as Mrs. Mary Jones, lost all interest in the property by her disclaimer and the subsequent judgment against her in ease No. 148180, entitled Semerad v. McKee et al., in said court, and that defendant Netta Semerad is the owner in fee and entitled to the possession of the property. Plaintiff appeals from the judgment entered against it in accordance with these findings.

Plaintiff contends that it has title to the property involved by foreclosure of delinquent street improvement bonds, commissioner’s sales thereof to one M. Blakesley, assignments of said commissioner’s certificates of sale to Pacific States Savings and Loan Company, and deeds from said Pacific States Savings and Loan Company to Western Housing Company and from Western Housing Company to plaintiff.

On June 24, 1931, a decree of foreclosure and sale was rendered by the Superior Court of San Diego County and a commissioner was appointed to sell the property involved. The returns of the commissioner show that M. Blakesley pur[654]chased the property at the sales. However, no certificates of such sales were recorded and the original certificates were not produced or introduced in evidence at the trial of the instant action. Mrs. Mary Jones, formerly M. Blakesley, testified that the commissioner in said foreclosure action executed and delivered to her commissioner’s certificates of sale, all as recited in the returns of sale and that when she received the same, which was in the latter part of 1930, she made and executed written assignments thereof, attached the same to the certificates and delivered them to the Pacific States Savings and Loan Company and that she had not seen the certificates or assignments since 1930.