Mills v. Tukey
California Supreme Court
Appeal from the Sixth Judicial District. Application by D. 0. Mills for a writ of assistance to-obtain possession of an equal undivided one-third interest in and to lot number four, in the Mock or square between J and K streets, and Fourth and Fifth streets, of the City of Sacramento.
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Appeal from the Sixth Judicial District. Application by D. 0. Mills for a writ of assistance to-obtain possession of an equal undivided one-third interest in and to lot number four, in the Mock or square between J and K streets, and Fourth and Fifth streets, of the City of Sacramento. The proceeding in the Court below was instituted under and by virtue of Sec. 5 of an Act of the Legislature, passed April 3d, 1860, entitled “ An Act to provide for the collection of Delinquent Taxes in the City and County of Sacramento.” In 1859, the lot in question belonged to Judson Haycock and George B.…
1Opinion of the CourtCope, C. J.
This is an appeal for an order granting a writ of assistance to put the plaintiff in possession of an undivided interest in certain property in the City of Sacramento. The proceeding was instituted *378under the fifth section of an Act of the Legislature, passed April 3d, 1860, entitled “An Act to provide for the Collection of Delinquent Taxes in the City and County of Sacramento.” The section provides, that “ any deed derived from a sale of real property under this act shall be conclusive evidence of title, except as against actual frauds and prepayment, of the taxes, and shall entitle the…
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