Clarke v. Mead

Citations

• 102 Cal. 516
• 36 P. 862
• 1894 Cal. LEXIS 677

Syllabus

<p>Quieting Title—Assessment For Widening Street—Sale For Delinquent Assessment—Evidence—Certificate of Sale.—In an action to quiet title, where the defendant claims title under a sale and conveyance by the superintendent of streets, for a delinquent assessment for the widening of a street, the certificate of sale is relevant and competent evidence of the official act of the officer in making the sale, and is admissible to show that it conforms to the requirements of the Political Code, and contains the matters required by the code to be recited in the deed.</p> <p>Id.—Notice of Application For Deed—Variance in Date.—The statute does not require that notice of application for a deed, under a sale for a delinquent assessment, should be dated; and where it appears that the notice contained the matters required by the Political Code in order to authorize the execution of the deed, and was given more than thirty days before the execution of the deed, the fact that the notice bore a different date does not impair its effect.</p> <p>Id.—Deed From Superintendent of Streets—Prima Facie Evidence of Preliminary Steps—Power of Legislature.—The legislature has power to make a deed prima facie evidence of preliminary steps requisite to its validity; and in the absence of proof of any of the acts of which a deed from the superintendent of streets, upon sale of property for a delinquent assessment for the widening of a street, is made primary evidence by the statute, the deed itself is sufficient evidence to authorize the court to find that all the preliminary steps have been regularly taken, and that the title of the land sold has been thereby transferred to the grantee.</p> <p>Id.—Bules of Evidence—Political Code—Code of Civil Procedure.— The rule of evidence prescribed in the Political Code declaring the effect of the deed of the officer, and making it prima fade, or presumptive, evidence of other facts is not in conflict with the provisions of the Code of Civil Procedure relat