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53 Cal. 666

Grotefend v. Ultz

California Supreme Court

Decided July 1, 1879

California Supreme Court · decided 1879-07-01

The action was ejectment, and the plaintiff relied upon a tax deed and certificate of sale, from which it appeared that the assessment had not been made to the owners nor to unknown owners, but to “ D. B. Matlock, and to all owners and claimants known and unknown.” Judgment was rendered for the plaintiffs, and the defendant appealed.

Relies on Grogan v. City of San Francisco · Smith v. Davis · Blatner v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1879-07-01

How this case has been cited

Cited by 13 later decisions — most recently June 1916

13 state decisions

5018791880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court :

¶1The Political Code declares (sec. 3628): “ The Assessor must ascertain the names of all taxable persons and all property in his county subject to taxation,” and requires (sec. 3650) that officer to prepare an assessment book, in which must be specified, “ in separate columns, under the appropriate heading, first the name of the person to whom the property is assessed. By secs. 3635 and 3636 it is provided that “if the owner or claimant of any property is unknown,” the property must be assessed “ to unknown owners.”

¶2The first duty of the Assessor under these provisions is to ascertain the name of the owner of each piece or parcel of *667property, and to assess it to him; his second—if he fails to ascertain the name of the owner—is to assess it to “ unknown owners.” It follows that the assessment to “D. B. Matlock and all owners and claimants known or unknown,” was void. This view is upheld by Kelsey v. Abbott, 18 Cal. 609 ; Smith v. Davis, 30 Cal. 537; Blatner v. Davis, 32 Cal. 328, and by other decisions of this Court.

¶3Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.

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