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Pearson v. Creed

JOHN W. PEARSON v. W. H. CREED

Pearson v. Creed, 11 P. 56 (Cal. 1886)
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Court
California Supreme Court · State Highest Courts
Decided
May 20, 1886
Docket
No. 11286
Judges
McKinstry
Citations
11 P. 5669 Cal. 5381886 Cal. LEXIS 682
Syllabus
Taxation — Assessment in Name ot Decedent.—An assessment of land in the name of a deceased person made prior to the amendment of March 22, 1880, to section 3628 of the Political Code, is void.
Summary
Appeal from a judgment of the Superior Court of Fresno County. The action was brought to quiet title to a tract of land in Fresno County. The plaintiff claimed title to the land by mesne conveyances from the heirs at law of C. E. G-raxiola, at the time of his death the owner thereof. The defendants claimed title under a tax deed based upon the assessment mentioned in the opinion. The further facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McKinstry

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McKinstry, J.

The defendants claim title through a sale for taxes. Section 3628 of the Political Code, as amended in 1880, provides that a mistake in the name or supposed name of the owner of real property shall not render an assessment invalid. The assessment here in question was made in the year 1880, and the court below found that C. E. Graxiola (the name in which the land was assessed) died in March, 1879. Counsel for respondents admit that, except for the amendment, the assessment to “ C. E. Graxiola ” would be void,—there being no such person then living. (Hearst v. Eggleston, 55 Cal. 366 ; Crawford v. Schmidt, 47 Cal. 617 ; Kelsey v. Abbott, 13 Cal. 617 ; People v. Sneath, 28 Cal. 615 .)

The amendment of section 3628 took effect March 22, 1880. The defendants alleged in their cross-complaint, and the court found that the assessment was made “ between the first Mondays of the months of March and July ” of that year. It was for the defendants to establish affirmatively that a valid assessment was made, and from the record it does not appear but that the assessment under which they claim was made prior to the amendment of section 3628 of the Political Code.

Lake County v. Sulphur Bank Co., 66 Cal. 17 , was decided on facts occurring after the amendment became operative.

Judgment reversed and cause remanded.

Ross, J., and Myrick, J., concurred.

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Cited by 23 cases

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1900: 11908: 11955: 12014: 22019: 22020: 22021: 42022: 22023: 42024: 22025: 12026: 119002026peak 2021 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Kelsey v. Abbott, 13 Cal. 609 (1859) 31
Lake Cnty. v. Sulphur Bank Quicksilver Mining Co., 4 P. 876 (Cal. 1884) 24
People v. Sneath & Arnold, 28 Cal. 612 (1865) 11
Crawford v. Schmidt, 47 Cal. 617 (1874) 7

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