Mayo v. Haynie
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Ejectment to recover a piece of land described as “ten acres of land lying on the east side of Thirty-first (31st) street, Sacramento city, and bounded on the north by the south line of D street of said city, if continued, south by the continuation of the north line of E street of said city, west by said Thirty-first (31st) street, and east by a line parallel with, and one thousand and…
Read the full summary
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Ejectment to recover a piece of land described as “ten acres of land lying on the east side of Thirty-first (31st) street, Sacramento city, and bounded on the north by the south line of D street of said city, if continued, south by the continuation of the north line of E street of said city, west by said Thirty-first (31st) street, and east by a line parallel with, and one thousand and thirty-three (1033) feet distant from, said Thirty-first (31st) street.” J. M. Wimmer was, on the 1st day of March, 1867, the owner…
1Concurring in part, dissenting in part
Mr. Justice Crockett delivered the following dissenting opinion, in which Mr. Justice Rhodes concurred:
Section forty-five of the Revenue Act of May 17, 1861, in defining the effect of a tax deed, provides that “any deed derived from a sale of real property under this act shall be *74conclusive evidence of title, except as against actual frauds or prepayment of the taxes by one not a party to the action or judgment in or upon which such sale was made.” The act apparently contemplated that in an action to enforce the lien on real estate for delinquent taxes, the owner or person to whom the land…
2Cases cited4 opinions
- Reeve v. KennedyCalifornia Supreme Court · 1872
- Stokes v. GeddesCalifornia Supreme Court · 1873
- Jones v. GillisCalifornia Supreme Court · 1873
- Truman v. RobinsonCalifornia Supreme Court · 1872