Greenwood v. Adams

Citations

• 80 Cal. 74
• 21 P. 1134
• 1889 Cal. LEXIS 863

Syllabus

<p>Taxation — Certificate of Sale —Tax Deed—Recital of Assessment to Named Person, “and All Owners Known and Unknown.”—A certificate of sale for taxes which recites that the laud was assessed to a named person, “ and all known owners or claimants, and when unknown, to unknown owners or claimants, ” and a tax deed founded thereon purporting to convey the land and all interests therein belonging to the person named, “and all owners and claimants thereof known or unknown, ” are each void.</p> <p>Id. — Quieting Title — Filing Supplemental Answer — Condition to Granting Relief — Discretion.— In an action to determine an adverse claim to land, asserted by the defendant under a tax sale thereof made two years prior to the time of the trial, it is not an abuse of discretion for the court, on the day of the trial, to require the defendant to pay twenty dollars and costs as a condition to the leave granted them to file a supplemental answer setting up title acquired by a tax deed made to them on that day.</p> <p>Id. — Claim under Void Tax Deed — Title will be Quieted against without Condition. — An owner of land is entitled to have his title quieted as against an adverse claimant under a void tax deed, without first reimbursing the defendant for the amount paid by him at the tax sale.</p> <p>Id,—Purchaser under Void Tax Sale Acquires No Rights—A purchaser of property at a tax sale, which is invalid by reason of irregularity in the proceedings for the levy and the sale, acquires no rights to the property which either a court of law or equity can enforce.</p> <p>Appeal prom Judgment — Review of Evidence. — On an appeal from a judgment not taken within sixty days after its entry, the question as to whether the findings were justified by the evidence or not cannot be raised.</p>