Quint v. McMullen

Citations

• 103 Cal. 381
• 37 P. 381
• 1894 Cal. LEXIS 783

Syllabus

<p>Quieting Title—Sale Fob Delinquent Assessment op Irrigation District—Erroneous Decree—Reservation op Adverse Claim.—In an action to quiet title, where the defendant disclaims any other interest in the land than that the lands were situated within the boundaries of an irrigation district, and that the same were sold to the defendant on account of an assessment, levy of a tax, and delinquent sale thereunder, for the benefit and at the instance of the irrigation district, it is error for the court to find that plaintiff is the owner in fee, and that there is no adverse claim of defendant to be determined in the action, and that any rights which the defendant may have acquired through his purchase at the delinquent sale cannot be determined in the action; and such decree will be reversed upon appeal, with directions to the trial court to pass upon the merits of the special defense set up by the defendant, and thereupon to grant or deny plaintiff’s demand that his title be quieted.</p> <p>Id.—Appeal—Remedial Right—Judgment in Appellant’s Favor—Improper Reservation.—The right of appeal is remedial in its character, and in doubtful cases the right should always be granted; and an appeal will be sustained where there is a reservation in the judgment by which the appellant is necessarily aggrieved, and which in effect renders the judgment in his favor a nullity.</p>