Opinion
Appeal from the District Court, Sixth Judicial District, County of Sacramento.
Ejectment to recover lots six, seven and eight in the block bounded by R and S and Fourth and Fifth streets, city of Sacramento.
The defendants recovered judgment, and the plaintiff appealed.
COUNSEL
Hamilton & Dunlap, for the Appellant.
Ed. M. Martin and McCune & Welty, for the Respondents.
JUDGES: Niles, J.
OPINION
NILES, Judge
The plaintiff's title is derived through a sale for delinquent taxes for the fiscal year 1868-9--the defendant's through a sale for taxes for the year 1865-6. The facts are substantially the same as in the case of Anderson v. Rider (46 Cal. 138), in which we held that " the title acquired under a tax sale for taxes of a subsequent year must prevail over a title founded on a sale for the taxes of a previous year." (Dougherty v. Henarie , 47 Cal. 10.)
Judgment reversed. Remittitur forthwith.