Warden v. Bittleson Law & Collection Agency
Warden v. Bittleson Law & Collection Agency
Opinion of the Court
Plaintiff sued to quiet title to a parcel of land in the city of Los Angeles, claimed by her by reason of an assessment sale under the Street Improvement Act of 1909. (Stats.- 1909, p. 1042.) Defendants recovered judgment; plaintiff appeals. The appeal presents for our .consideration the sufficiency of certain notices of redemption.
Defendants Robert H. Punter and Rebecca Punter -were owners of the land as tenants in common. On March 19, 1914, they mortgaged the property to defendant Krug. Pursuant to a decree foreclosing the mortgage, Krug purchased the property at sheriff’s sale on July 20, 1915, and on July 27, 1915, recorded the sheriff’s certificate of sale. On August 5, 1914, which was subsequent to the mortgage to Krug but ■prior to the. foreclosure sale thereunder, the city tax and license collector, pursuant to the provisions of the Street Improvement Act, sold the property to plaintiff for a delinquent assessment levied to pay for certain street improvements. Thereupon the tax and license collector delivered to plaintiff a certificate of sale, as provided by the act. On July 7, 1915, which was shortly prior to the expiration of the time allowed 'by law to the co-owners for redemption from the foreclosure sale to Krug, plaintiff caused to he served upon defendant *3 Rebecca Punter, one of the two e0-owners, a notice that “on the seventh day of August, 1915, or thereafter, unless sooner redeemed, application will be made ... to the city tax and license collector . . . for a deed.” This notice was not served on the other co-owner, Robert H. Punter, but thereafter, on July 29, 1915, plaintiff did cause a notice of redemption to be served upon Robert. The notice so served on Robert Punter set forth that “on the thirty-first day of August, 1915, or thereafter, unless sooner redeemed, application will be made ... to the city tax and license collector . . . for a deed.” Though served upon Robert, this notice was not served upon Rebecca Punter. No notice to redeem from the street assessment sale to plaintiff was served on Krug, the mortgagee and purchaser at the foreclosure sale. On September 1, 1915, the city tax and license collector executed a deed to plaintiff. Claiming to be the owner under this deed, plaintiff brought this action to quiet her title. We think the notices of redemption that plaintiff caused to be served upon Robert and Rebecca were insufficient, and that plaintiff has only that which she acquired under the assessment sale to her on August 5, 1915, i. e., “the lien of the assessment,” as provided by section 15 of the act. (Stats. 1909, p. 1051.)
Tested by these principles, it must be held that the right of redemption of the co-owners, Robert H. Punter and Rebecca Punter, has not been cut off. If the first notice—the notice served on Rebecca Punter—be regarded as superseded by the second—that served on Robert—then the case stands as though Rebecca Punter had never been served with any notice. And if all co-owners are not served' with notice, the time for redemption remains for. all. If the first notice be regarded as not superseded by the second, thén the two notices must be read together, just as though they were contained in one document. So considered, the notices are in irreconcilable conflict—one giving notice that redemption might be made at any time on or after August 7th, and the other that redemption might be made at any time on or after August 31st. Such a notice does not set forth or fix “the time” when the purchaser will apply for a deed. A notice so indefinite is no notice at all. This conclusion mahes it unnecessary to consider whether notice should have been served upon Krug, the purchaser at the foreclosure sale.
If the foregoing is the only fatal objection to plaintiff’s title—and our attention has not been called to any other— then, though appellant has not ’become the owner of the property, she is, nevertheless, still left with the lien of the" assessment. Upon filing the copy of the certificate of sale in the tax collector’s office, “the lien of the assessment shall vest in the purchaser and is only divested by a redemption of the property as in this act provided.” (Section 15.) Had the judgment of the trial court simply adjudged that plaintiff is not the owner, an affirmance of the judgment, under the views above set forth, would be in order. But defendants, in their answer, pray for affirmative relief. In compliance *6 with their prayer for such relief, the judgment adjudges defendant Krug to be the owner by virtue of the sheriff’s certificate of sale issued to him upon the foreclosure sale, and defendants Robert and Rebecca Punter to'be entitled to redeem from such sale to Krug. In granting affirmative relief to defendants, the trial court should have adjudged that any title that is in Krug, as purchaser at the sheriff’s sale, or in Robert and Rebecca Punter, as the original co-owners, is subject and subordinate to plaintiff’s lien of assessment, vested in her by reason of the tax collector’s sale of the property to her" to pay the delinquent street assessment. The findings do not find any fact upon which such a judgment may rest. On the contrary, the court found that “it is not true that plaintiff acquired an interest in said property by reason of a sale by the city tax and license collector.” For these reasons the ease must be sent back for a new trial.
Judgment reversed.
Sloane, J., and Thomas, J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on June 26, 1919.
Angellotti, C. J., Shaw, J., Wilbur, J., and Olney, J., being all the Justices present, concurred.
Reference
- Full Case Name
- JULIA P. WARDEN, Appellant, v. BITTLESON LAW AND COLLECTION AGENCY Et Al., Respondents
- Cited By
- 8 cases
- Status
- Published