Hollister v. Sherman
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Barbara. The action was brought to enjoin the sale of certain land under an assessment for State and county taxes for the fiscal year 1881—82. The plaintiff1 ivas the owner of the land, but prior to the assessment he mortgaged it to the regents of the State University to secure the payment of a loan of fifty thousand dollars made by them from the funds appropriated to the support of the university.
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Appeal from a judgment of the Superior Court of the county of Santa Barbara. The action was brought to enjoin the sale of certain land under an assessment for State and county taxes for the fiscal year 1881—82. The plaintiff1 ivas the owner of the land, but prior to the assessment he mortgaged it to the regents of the State University to secure the payment of a loan of fifty thousand dollars made by them from the funds appropriated to the support of the university. The land was assessed to the regents and valued at fifty thousand dollars, the aggregate amount of the taxes being one thousand…
1Per curiam
We cansee no difference as to ownership between property taken by the regents of the university “ by grant, gift, devise, or bequest” (Pol. Code, § 1415, sub.7), and' other property administered by them. If any, all such property is exempt from taxation. The mortgage to secure the money loaned by the regents to plaintiff was not, therefore, subject to taxation. As the mortgage was assessed to the regents of the university, the tax deed would show the assessment was void. The deed would cast no cloud upon plaintiff’s title, since in an action brought upon it by the purchaser the present…
2Cases cited1 opinion
- Spinetti v. BrignardelloCalifornia Supreme Court · 1880
3Cited by6 opinions
- Connolly v. County of OrangeCalifornia Supreme Court · 1992
- Webster v. Bd. of Regents of Univ. of Cal.California Supreme Court · 1912
- Hagman v. Meher Mount Corp.California Court of Appeal · 2013
- Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1886
- People ex rel. Johnson v. Board of SupervisorsCalifornia Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.