Knoke v. Swan

THE COURT.

This is an action to quiet title to a lot in the city of San Francisco. Defendant is the record owner of the property. Plaintiff’s chief claim of title is through a tax deed. The record shows, however, that the land was sold .for two cents less than the legal amount of taxes, penalties and costs due at the time of sale. The question is whether this error renders the sale invalid.

Were this point newly presented, we should hesitate to declare void a title founded on proceedings where the error was so small. However, it has been several times decided in this state that the maxim “de…