Harper v. Rowe
California Supreme Court
Appeal from, the District Court of the Eighteenth Judicial District, San Diego County. Action to quiet title. The defendants asserted title under a decree and order of sale for taxes levied in 1872, and a deed executed in pursuance of a sale for State and county taxes for 1873-4, and under a certificate of sale for such taxes levied in .1875-6. At the trial, the defendants offered in evidence the decree in the tax suit.
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Appeal from, the District Court of the Eighteenth Judicial District, San Diego County. Action to quiet title. The defendants asserted title under a decree and order of sale for taxes levied in 1872, and a deed executed in pursuance of a sale for State and county taxes for 1873-4, and under a certificate of sale for such taxes levied in .1875-6. At the trial, the defendants offered in evidence the decree in the tax suit. Plaintiffs objected, on the ground that the judgment-roll should be introduced as a foundation for the decree, and that there was nothing tending to show that the Court…
1Opinion of the Court
By the Court:
The Court bei*>w erred in admitting in evidence the decree in the tax suit without the production of the judgment-roll. If a party attempts to avail himself of a decree as an adjudication upon the subject matter, or as a link in his chain of title founded on a judicial sale under the decree, he must produce the judgment-roll, so that, amongst other things, the Court may determine, on an inspection of the entire roll, whether the Court which, rendered the decree had jurisdiction of the subject matter. It is true the purchaser at a judicial sale may rest, in support of his title,…
2Cases cited2 opinions
- Houghton v. AustinCalifornia Supreme Court · 1874
- Treadwell v. PattersonCalifornia Supreme Court · 1877
3Cited by40 opinions
- Agnew v. State Board of EqualizationCalifornia Supreme Court · 1999
- Baird v. MonroeCalifornia Supreme Court · 1907
- Holland v. HotchkissCalifornia Supreme Court · 1912
- Miller v. McKennaCalifornia Supreme Court · 1944
- Mayer v. BrensingerIllinois Supreme Court · 1899
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