Legal Opinion

Crawford v. Schmidt

California Supreme Court

Decided July 1, 1874No. 3.834PublishedCited by 9 opinions

Appeal from the District Court, Third Judicial District, Alameda County. Ejectment to recover a tract of land containing one acre in Oakland township, Alameda County. The plaintiff’s title was a deed made by the tax collector of Alameda County, dated the tenth day of August, 1872, made on a sale of the demanded property for the delinquent State and county taxes for the fiscal year 1871-2. Caroline Schmidt owned the property, and the deed to her was of record.

Read the full summary

Appeal from the District Court, Third Judicial District, Alameda County. Ejectment to recover a tract of land containing one acre in Oakland township, Alameda County. The plaintiff’s title was a deed made by the tax collector of Alameda County, dated the tenth day of August, 1872, made on a sale of the demanded property for the delinquent State and county taxes for the fiscal year 1871-2. Caroline Schmidt owned the property, and the deed to her was of record. The defendant recovered judgment and the plaintiff appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court:

The land in controversy was the property of Caroline Schmidt, but was assessed to “-Schmidt,” omitting the Christian name. Section 13, of the Revenue Act of 1861, (Statutes 1861, p. 419) provides that the Assessor shall ascertain by diligent inquiry, “the names of all persons, corporations, associations, companies, or firms owning, claiming or having the possession or control ” of the property to be assessed, and shall list and assess the same to such person, corporation, etc., and if the name of such an absent owner is known to the Assessor, “the property shall be assessed in…

2Cases cited2 opinions

  1. Kelsey v. AbbottCalifornia Supreme Court · 1859
  2. People v. Sneath & ArnoldCalifornia Supreme Court · 1865

3Cited by9 opinions

  1. Emeric v. AlvaradoCalifornia Supreme Court · 1891
  2. Pearson v. CreedCalifornia Supreme Court · 1886
  3. Hearst v. EgglestoneCalifornia Supreme Court · 1880
  4. Birney v. WarrenMontana Supreme Court · 1903
  5. Emeric v. AlvaradoCalifornia Supreme Court · 1891

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API