Shaw v. Booth

DISSENTING OPINION OP

PERRY, J.

While concurring in the view that as between Desky and Booth the land was, under the circumstances stated, assessable to Booth, I respectfully dissent from the conclusion reached by the majority to the effect that the defendant may not successfully defend in this action by showing that the assessment of $100,000 was upon a whole tract only a portion of which belonged to the defendant at the date of the assessment.: The contention that the assessment in question was upon that portion only of Pacific Heights the title to which remained in Booth on January 1, 1900,…