Hewell v. Lane

Citations

• 53 Cal. 213
• 1878 Cal. LEXIS 114

Syllabus

<p>Sale of Land fob Taxes.—A sale of land for taxes to tne highest bidder in one parcel, and not to the person who would take the smallest or least quantity of the land and pay the tax due, is illegal, and a deed given in pursuance of it is absolutely void.</p> <p>Sheriff’s Return of Tax Sale.—It is the general rule that a grantee under a tax deed, valid on its face, is not affected in any of his rights by recitals in the Sheriff’s return of the tax sale contradicting the recitals in the deed.</p> <p>Correction of Sheriff’s Return.—A Sheriff may voluntarily correct his return of a tax sale after the return has been filed, but he cannot be compelled by the Court to correct the return against his will.</p> <p>Mandamus will not lie to compel a Sheriff to deliver a deed to a purchaser at a tax sale, containing recitals which are contradicted by the return of the tax sale.</p>