Legal Opinion

Brady v. Dowden

California Supreme Court

Decided July 15, 1881No. 6,994PublishedCited by 11 opinions

Appeal from a judgment for the defendant in the Twentieth District Court, County of Santa Clara. Belden, J.

1Opinion of the Court

Sharpstein, J.:

The recital in the deed, “ That the said property was assessed for the fiscal year ending March 31st, 1878, for city taxes, at eight dollars and ten cents to unknown owners, and to all owners and claimants, known and unknown,” makes it void, under the decisions of this Court in Grotefend v. Ultz, 53 Cal. 666, and Grimm v. O'Connell, 54 id. 522. If the name of the owner was known it should have been assessed to him. If not, it should have been assessed to unknown owners. (Pol. Code, § 3636.)

In this case the Assessor, according to the recital in the deed, did not follow this…

2Cases cited2 opinions

  1. Grimm v. O'ConnellCalifornia Supreme Court · 1880
  2. Grotefend v. UltzCalifornia Supreme Court · 1879

3Cited by11 opinions

  1. Z. Russ & Sons Co. v. CrichtonCalifornia Supreme Court · 1897
  2. City of San Luis Obispo v. PettitCalifornia Supreme Court · 1891
  3. Eustis v. City of HenriettaTexas Supreme Court · 1897
  4. Lewis v. BlackburnOregon Supreme Court · 1902
  5. Sitton v. HernstadtSupreme Court of Oklahoma · 1923

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