29 Cal. 326, Brunn v. Murphy

Citation:29 Cal. 326
Opinion Judge:SAWYER, Judge
Party Name:T. O. BRUNN v. MARTIN MURPHY et als.
Attorney:E. A. Lawrence, for Appellant. H. H. Haight, for Respondents.
Judge Panel:JUDGES: Sawyer, J. Mr. Justice Currey and Mr. Justice Rhodes dissented.
Case Date:October 01, 1865
Court:Supreme Court of California
 
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Page 326

29 Cal. 326

T. O. BRUNN

v.

MARTIN MURPHY et als.

Supreme Court of California

October, 1865

Appeal from the District Court, Fourth Judicial District, city and county of San Francisco.

The property was assessed for the fiscal year ending June 30th, A. D. 1862, at four thousand dollars, " to Murphy and Dooley, and to all owners and claimants, known or unknown, and to all owners and claimants of any interest, present or future, therein, or any lien upon the same." The assessment described the lot assessed as " commencing on the southwesterly corner of Herman and Mission streets; thence westerly on Herman street three hundred and eighty feet; thence southerly, parallel with Valencia street, five hundred and fifty feet, to Ridley street; thence easterly along Ridley street fifty-seven feet; thence north eight degrees twenty-five minutes east three hundred and five feet; thence south eighty-seven degrees fifty minutes east two hundred and fifty-six feet to west line of Mission street; thence northerly on Mission street three hundred and thirty feet, to the place of beginning."

At the sale, James A. Gauley was the bidder, who was willing to take the smallest portion of the lot and pay the taxes and costs; and the deed, after reciting the assessment, and that Gauley was the bidder who was willing to take the smallest portion of the lot and pay the taxes and costs, described the portion sold to him as " the lot of land commencing on the southwesterly corner of Herman and Mission streets; thence running westerly on Herman street twenty-five feet; thence at right angles southerly to land assessed to Murphy and Dooley, and also to J. P. Holden; thence south eighty-seven degrees fifty minutes east to Mission street: thence northerly on Mission street three hundred and thirty feet, to the point of beginning." Plaintiff was the assignee of Gauley.

COUNSEL:

E. A. Lawrence, for Appellant.

H. H. Haight, for Respondents.

JUDGES: Sawyer, J. Mr. Justice Currey and Mr. Justice Rhodes dissented.

OPINION

SAWYER, Judge

Page 327

This is an action to recover a tract of land in San Francisco. The plaintiff offered in evidence a tax deed executed upon a sale made for taxes for the fiscal year ending June 30th, 1861. Objection was made to its introduction, on the ground that it was defective in numerous specified particulars required by the...

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