Marker v. Wendelken

California Court of Appeal Oct 17, 1955 No. Civ. No. 20672Published

Before: Moore

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Holding. The court held that the respondent established a complete and valid chain of title to the property through a tax collector's deed and subsequent conveyances, while the appellant's claims were barred by prior judgments and a lack of evidence.

Issues

Whether the respondent established a valid chain of title to the property.
Whether the appellant's claim of ownership based on an alleged trust agreement and subsequent conveyance was supported by evidence.
Whether the tax sale procedure followed by the tax collector was legally valid under the applicable statutes.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The chain of title without a break connects respondent’s ownership with the grantees of the tax collector’s sale.”

“The trial court is the exclusive judge of the credibility of witnesses and of the weight of their testimony.”

“The requirements of the cited sections having been complied with, a valid title of Lot 7 was conveyed to Barnes and Truitt in July 1921”

MOORE, P. J. Action to quiet title. The suit was brought against certain individuals including appellant and William P. Wendelken demanding that title be quieted in plaintiff as to Lot 7, Block N, of “Orescent Townsite” in Los Angeles County. Mrs. McKenna alone put the cause at issue by a general denial and by alleging herself to be the owner of Lot 7, Block N, “Cresenta,” by virtue of a conveyance to her on July 1, 1925, of all the title of E. W. Steele, Chas. C. Barnes and J. Truitt. She alleged that she has since then been the owner and in possession; that the land was assessed to her; and that the claims of plaintiff are false.

The trial court having found against all claims of appellant, she appeals on the ground that the findings are not supported by the evidence.

In 1915, Lot 7, Block N of Crescenta was duly assessed for taxation to one Chapman. On July 7, 1921, pursuant to statute, it was duly sold by the tax collector to Chas. G. Barnes and J. Truitt “for nonpayment of delinquent taxes which had been legally levied in the year 1915 and were a lien on said real property, the total amount for which the same was sold being one hundred One and no/100 Dollars.”* The collector’s deed was recorded July 26, 1921.

On October 17, 1921, Chas. G. Barnes quitclaimed the same property to J. Truitt. On the 14th of the following November, Miss Truitt by grant deed conveyed Lot 7 to H. B. Hunt, a single man. Hunt reconveyed the lot to J. Truitt in the same month and the grant deed was recorded January 5, 1922.

By grant deed, J. Truitt conveyed the lot to J. C. Stein on November 17, 1923.

[278]Stein having conveyed the lot to his wife Ida, December 15, 1923, the latter by grant deed conveyed the lot, September 22, 1925 to Samuel Young.

Young having deceased in San Francisco, his estate was distributed December 7, 1939, by the superior court of that county to Carrie Young, his widow.

On April 19, 1951, the same court, in the estate of Carrie Young, distributed to Malvina Cornblum, Yetta Wachter, Leland Young, Milton Young, Nathan Warner, all of Carrie’s realty, including Lot 7, Block N, Crescenta.

All the grant deeds and decrees of distribution above mentioned were duly recorded in the official records of Los Angeles County.

Marker v. Wendelken

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