Savings and Loan Soc. v. Burke

This is an action brought to restrain the execution of a tax-deed to the state, following a sale for nonpayment of taxes. A demurrer to the second amended complaint was sustained, and, plaintiff declining to amend, judgment went for the defendant. The plaintiff appeals.

The complaint in question sets forth these facts: The plaintiff, in 1897, was, and ever since has been, the owner and holder of a mortgage interest in certain lands in Santa Barbara County. The mortgaged lands, consisting of some eighty-eight hundred acres, were included in territory which had prior to 1897 been divided into…