Axtell v. Gerlach

Citations

• 67 Cal. 483
• 8 P. 34
• 1885 Cal. LEXIS 679

Syllabus

<p>Taxation—Sale fob Excessive Amount.—A tax sale for one dollar in excess of the amount authorized by law is void.</p> <p>Id. —Lands Subject to Oveeflow—Act of Apbil 15,1880—Illegal Changes.— On a sale for taxes levied under the Act of April 15, 1880, providing for the protection of lands subject to overflow, an item of fifty cents for the cost of preparing the delinquent list, and an item of fifty cents for the cost of the certificate of sale, included in the amount for which the sale was made, are illegal charges, and fatal to the validity of the sale.</p> <p>Id.—Injunction to Bestbain Execution op Deed. —In such a case, the execution of a deed to the purchaser will be restrained by injunction, for the reason that the items included in the amount for which the sale was made are not required to be specified therein.</p> <p>Id.— Quieting Title—Cancellation of Cebtificate of Sale—Judgment.— Assuming that the deed when executed would show the invalidity of the sale, the owner of the land may maintain an action to quiet his title and cancel the certificate to the purchaser, and a judgment granting such relief, and also enjoining the execution of a deed, will not be reversed because the deed would cast no cloud upon the title.</p>