Roberts v. Chan Tin Pen

Citations

• 23 Cal. 259

Syllabus

<p>The rule that a party must particularly specify his objections to evidence when offered, applies only to those objections which relate to the question whether the evidence is admissible or not, and does not relate to the question as to the weight to be given to the evidence after it is admitted, or to matters tending to overthrow, contradict, or invalidate it.</p> <p>When the complaint in ejectment is general in its terms, and makes no mention of deeds, and the answer is equally general in its denials, and on the trial plaintiff relies on tax deeds to recover, the defendant has a right to introduce any evidence allowed by the statute, to show the invalidity of the tax deeds, or the title acquired under them.</p> <p>If the plaintiff relies on tax deeds to recover, the defendant has a right to show that the land assessed to him included a tract in which he had no right, title, interest, or claim.</p> <p>When the assessment is not of an undivided interest in, but of an entire tract or parcel of land, the Tax Collector has no power or authority to sell an undivided interest therein for the non-payment of taxes.</p> <p>The owner of the property assessed, and in default of his doing so, the Tax Collector has a right to designate at or before the time of sale any portion less than the whole tract which will be sold; but when this designation is made, the parcel sold must be particularly located by metes and bounds in the general tract, so that the purchaser may know its exact boundaries and what part of the tract remains unsold.</p> <p>If the description of the tract sold at the time of the sale is general, as “ fourteen feet” in a certain lot, the sale is void for uncertainty, and the defect cannot be cured by inserting a proper description in the certificate of purchase or collector’s deed.</p>