Kipp v. Warriner

This is an ordinary quiet title action, each of the parties seeking to quiet his title to an unimproved lot in the city of San Diego. The plaintiff's claim of title rests upon a tax deed dated September 24, 1946, and based upon a tax delinquency for the year 1935. The defendant claims title through a treasurer's deed dated April 19, 1944, and based upon the foreclosure of a street bond dated August 1, 1929, and issued under the Improvement Act of 1911 [Stats. 1911, p. 730; 3 Deering's Gen. Laws, 1923, Act 8199]. Pending the appeal the defendant died and the executor of his will has been substituted.