Tuttle v. Block
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion. The purchase at a tax sale is a contract, made under the law as it then exists, and upon the terms prescribed by law, and no subsequent statute can import new terms into it, or add to those before expressed.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion. The purchase at a tax sale is a contract, made under the law as it then exists, and upon the terms prescribed by law, and no subsequent statute can import new terms into it, or add to those before expressed. (Cooley on Taxation, 2d ed., 545; Robinson v. Howe, 13 Wis. 341; Dikeman v. Dikeman, 11 Paige, 484; Merrill v. Dearring, 32 Minn. 479; Wolfe v. Henderson, 28 Ark. 304; Cargill v. Power, 1 Mich. 369; Forqueran v. Donnally, 7 W. Va. 114; Sutton v. Stone, 4 Neb. 319.)…
1Opinion of the Court
Vancliee, C.
On the petition of plaintiff an alternative writ of mandate was issued to defendant in .his official character as tax collector of the city and county of San Francisco, commanding him to execute to plaintiff a deed of a certain lot of land which had been sold by defendant’s predecessor in office to plaintiff’s assignor for delinquent taxes, or to show cause why he had not done so.
The court sustained defendant’s demurrer to the petition on the ground that it does not state facts sufficient to entitle plaintiff to the writ, and thereupon dismissed the proceeding. From this judgment…
2Cases cited6 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Vance v. VanceSupreme Court of the United States · 1883
- Wheeler v. JacksonSupreme Court of the United States · 1890
- Kerckhoff-Cuzner Mill & Lumber Co. v. OlmsteadCalifornia Supreme Court · 1890
- Rollins v. WrightCalifornia Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Westcott v. GilmanCalifornia Supreme Court · 1915
- Constans v. RossCalifornia Court of Appeal · 1951
- Rand v. BossenCalifornia Supreme Court · 1945
- Rombotis v. FinkCalifornia Court of Appeal · 1948
- People v. ChambersCalifornia Supreme Court · 1951
18 more not listed; retrieve them via the Exa API.