People v. Cone
California Supreme Court
Appeal from the District Court, Second Judicial District, County of Tehama. Action to recover the sum of one thousand six hundred and eighty-nine dollars and eighty-seven cents, for the tax of the year 1870. The District Attorney, in the complaint, first described the whole tract of land by metes and bounds, and then gave a particular description by metes and bounds of each excepted parcel, as given in the deeds conveying the same, referring to the page of the record of each…
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Appeal from the District Court, Second Judicial District, County of Tehama. Action to recover the sum of one thousand six hundred and eighty-nine dollars and eighty-seven cents, for the tax of the year 1870. The District Attorney, in the complaint, first described the whole tract of land by metes and bounds, and then gave a particular description by metes and bounds of each excepted parcel, as given in the deeds conveying the same, referring to the page of the record of each deed. On the trial he produced in evidence the assessment mentioned in the opinion. The defendant objected to the…
1Opinion of the Court
By the Court, Crockett, J.:.The assessment sought to be enforced in this action is void on its face. It describes by metes and bounds a large tract of land as that which is assessed; but excepts from the assessments several parcels of the larger tract which .had been previously conveyed, and the excepted portions .are not described by metes and bounds, nor in any manner, except by a reference to the recorded deeds. It is impossible to ascertain from the assessment, on its face, what particular lands were intended to be assessed and what excepted. In order to determine with any reasonable…
2Cases cited1 opinion
- People v. PicoCalifornia Supreme Court · 1862
3Cited by5 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Richardson v. SimpsonCourt of Appeals of Maryland · 1895
- Sinai v. MullCalifornia Court of Appeal · 1947
- Mountain Club v. PinneyCalifornia Court of Appeal · 1924