Martin v. Parsons
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff, in his complaint, averred that he was in possession of the north half of the south half of lot number eight, in the block between N and O, and Fourth and Fifth streets, in the city of Sacramento, and claimed title in fee to the same, and that the defendants claimed an interest therein adverse to the plaintiff.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff, in his complaint, averred that he was in possession of the north half of the south half of lot number eight, in the block between N and O, and Fourth and Fifth streets, in the city of Sacramento, and claimed title in fee to the same, and that the defendants claimed an interest therein adverse to the plaintiff. The defendants answered, and then asked for affirmative relief by way of cross-complaint. The plaintiff demurred to the cross-complaint, and the Court below sustained the demurrer. The…
1Opinion of the Court
By the Court, Crockett, J.
The Court below erred in striking out the amended cross-complaint. The action is to quiet the plaintiffs title to a lot purchased by him at a sale made under a decree to enforce the lien for a delinquent tax. It is not claimed by the defendant that the proceedings culminating in the sale were not regular on their face; and the plaintiff contends that the case comes within the ruling in Reeve v. Kennedy *99(43 Cal. 643), and Stokes v. Geddes (46 Cal. 17); Jones v. Gillis (45 Id. 541), and other kindred cases. In these cases we held that if the proceedings to enforce the…
2Cases cited4 opinions
- Reeve v. KennedyCalifornia Supreme Court · 1872
- Bridgeport Savings Bank v. EldredgeSupreme Court of Connecticut · 1859
- McMillan v. ReynoldsCalifornia Supreme Court · 1858
- Stokes v. GeddesCalifornia Supreme Court · 1873
3Cited by14 opinions
- Bennett v. Hibernia BankCalifornia Supreme Court · 1956
- Smoot v. JuddSupreme Court of Missouri · 1904
- City of Los Angeles v. MorganCalifornia Court of Appeal · 1951
- Stevens v. TorreganoCalifornia Court of Appeal · 1961
- Sipe v. McKennaCalifornia Court of Appeal · 1948
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