Pearson v. Creed
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County. The action was brought to quiet title to a tract of land in Fresno County. The plaintiff claimed title to the land by mesne conveyances from the heirs at law of C. E. G-raxiola, at the time of his death the owner thereof. The defendants claimed title under a tax deed based upon the assessment mentioned in the opinion. The further facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
The defendants claim title through a sale for taxes. Section 3628 of the Political Code, as amended in 1880, provides that a mistake in the name or supposed name of the owner of real property shall not render an assessment invalid. The assessment here in question was made in the year 1880, and the court below found that C. E. Graxiola (the name in which the land was assessed) died in March, 1879. Counsel for respondents admit that, except for the amendment, the assessment to “ C. E. Graxiola ” would be void,—there being no such person then living. (Hearst v. Eggleston, 55 Cal. 366; Crawford…
2Cases cited4 opinions
- Kelsey v. AbbottCalifornia Supreme Court · 1859
- Lake County v. Sulphur Bank Quicksilver Mining Co.California Supreme Court · 1884
- People v. Sneath & ArnoldCalifornia Supreme Court · 1865
- Crawford v. SchmidtCalifornia Supreme Court · 1874
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