JAMES McCOY v. JOSEPH MORRISON

[No. 7,782 In Bank. August 30, 1882. JAMES McCOY v. JOSEPH MORRISON. Tax Suit—Proof of Service of Summons—Recitals in Judgment—Jurisdiction.—Ejectment. Plaintiff deraigned title under a judgment entered July 13 1871, in an action for taxes against certain unknown defendants, sued by fictitious names, and the land in controversy; which recited, that “all owners and claimants of the property had been duly summoned to answer the complaint, and had made default. ” Judgment for the plaintiff and order denying a new trial affirmed, on the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374. McKee, J., dissents. Appeal from a. judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of the County-of San Diego. McNealy, J. The facts are stated in the syllabus.' W. Jeff. Gatewood, A. B. Hotchkiss, and Graves & Chapman, for Appellant. Leach & Parker, and Chase, Arnold & Hunsaker, for Respondent. [MAJORITY — The Court :] The Court : Upon the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374, the judgment and order are affirmed. [DISSENT — McKee, J., dissenting:] McKee, J., dissenting: I dissent: In my judgment the case in hand does not belong to the class of cases covered by Truman v. Robinson and Branson v. Caruthers.