Axtell v. Gerlach
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County. The action was brought to quiet the title of the plaintiff as against the holder of a certificate of sale for taxes, and to restrain the execution of a deed founded thereon. The land in controversy was within the boundaries of a protection district formed under the Act of April 15,1880, and the tax was levied in pursuance thereof.
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Appeal from a judgment of the Superior Court of San Joaquin County. The action was brought to quiet the title of the plaintiff as against the holder of a certificate of sale for taxes, and to restrain the execution of a deed founded thereon. The land in controversy was within the boundaries of a protection district formed under the Act of April 15,1880, and the tax was levied in pursuance thereof. The judgment ordered the cancellation of the certificate of sale, and restrained the tax collector from executing a deed. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
Action to quiet title. Appeal from a judgment made therein.
The certificate of sale issued by the tax collector was properly ordered to be canceled; the sale was void because the land was sold for a sum greater by one dollar than was authorized by law. (Harper v. Rowe, 53 Cal. 236; Treadwell v. Patterson, 51 Cal. 637.)
*484There was nothing in the law which imposed a tax in invitum upon property, which gave the right to charge this additional sum, viz., fifty cents for cost of preparing a delinquent list, and fifty cents for cost of certificate of sale. (See “ act to provide for the…
2Cases cited5 opinions
- Harper v. RoweCalifornia Supreme Court · 1878
- Bucknall v. StoryCalifornia Supreme Court · 1868
- Brooks v. CalderwoodCalifornia Supreme Court · 1868
- Hearst v. EgglestoneCalifornia Supreme Court · 1880
- Treadwell v. PattersonCalifornia Supreme Court · 1877
3Cited by16 opinions
- Kittle v. BellegardeCalifornia Supreme Court · 1890
- Miller v. WilliamsCalifornia Supreme Court · 1901
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Olsen v. BagleyUtah Supreme Court · 1894
- Clark v. DarlingtonSouth Dakota Supreme Court · 1895
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