De Frieze v. Quint

Citations

• 94 Cal. 653
• 30 P. 1
• 1892 Cal. LEXIS 741

Syllabus

<p>Deed — Grant of Absolute Title — Estoppel of Grantor—After-acquired Title — Tax Deed. — The grantor of land is estopped by his deed of grant, bargain, and sale to the grantee, purporting to convey an absolute title to the land, from denying that before and at the time of that deed he had such absolute title, and by that deed conveyed it to the grantee; and if any title is thereafter acquired by the grantor through a tax deed, such title inures to the benefit of the grantee alone.</p> <p>Taxation — Void Assessment — Recitals in Certificate and Deed — Omission in Deed. — Where the certificate of a tax sale states that the property was assessed to a person named, “ and to all owners and claimants, known and unknown,” the certificate shows that the property was not lawfully assessed; and where the tax deed omits to recite the latter part of the assessment as recited in the certificate of tax sale, it is void for not reciting the matters recited in the certificate.</p> <p>Id.— Effect of Recitals — Prima Facie Evidence — Disputable Presumption— Variance of Deed from Certificate. — A tax deed reciting a lawful assessment is only prima facie evidence that the property was assessed as required by law, resting upon a disputable presumption that the recital conforms to the certificate of sale; and where the certificate of tax sale shows an unlawful assessment, its introduction in evidence as a foundation for the admission of the deed not only proves that the property was not lawfully assessed, but also that the tax deed, not conforming to the recitals of the certificate, does not contain the recitals required by law.</p> <p>Statute of Limitations—Adverse Possessiqn — Notice to Owner. —In order to set the statute of limitations in motion against the owner of land, the adverse possession thereof must be sufficiently open and notorious to notify an ordinarily prudent owner of its existence, and of its hostile character, unless he is otherwise actually notified of such facts; a