Maina v. Elliott

Citations

• 51 Cal. 8

Syllabus

<p>Sheriff’s Sale and Deed for Delinquent Tax.—If a sheriff sells land on a judgment enforcing the lien of a tax, and the purchaser does not pay the price bid by him until five months after, and the sheriff then gives him a certificate of sale bearing date the date the sale was made, and at the end of six months from the day of sale gives him a deed, and there was no stipulation for a credit between the sheriff and the purchaser, the deed is not void, but passes the legal title.</p> <p>Redemption from Sheriff’s Sale—Equity.—If a purchaser of land at a sale made by a sheriff for delinquent taxes, does not pay the price bid until five months after the sale, and then receives a sheriff’s deed at the expiration of six months from the time of sale ; although the sheriff’s deed conveys the legal title, yet a court of equity will recognize the right of the owner to redeem at any time within six months from the day the purchase-money was paid, and will compel the sheriff’s grantee to convey the legal title.</p> <p>Action to Quiet Title.—When, in an action to quiet the title to land, both parties show an equal equity, but one has also the legal title, he who has the legal title must prevail.</p> <p>Purchaser without Notice.—If one who holds the legal title, subject to an equity in the hands of another, conveys such legal title to an innocent purchaser without notice, the purchaser will hold the legal title discharged of the equity.</p> <p>Obligation to Pay Tax.—A party in possession of a lot to which another has acquired the title by a deed for a sale for taxes, is under no obligation to pay a tax levied after the tax deed is given.</p>