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MONTGOMERY v. COUNTY OF CONTRA COSTA

Docket No. 22179.

235 Cal.App.2d 759 (1965)

45 Cal. Rptr. 612

JOHNSON C. MONTGOMERY, Plaintiff and Respondent, v. COUNTY OF CONTRA COSTA et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

July 16, 1965.

Attorney(s) appearing for the Case

John A. Nejedly, District Attorney, Charles L. Hemmings and George W. McClune, Deputy District Attorneys, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Dan C. Kaufmann, Assistant Attorney General and Edward P. Hollingshead, Deputy Attorney General, as Amici Curiae on behalf of Defendants and Appellants.

Johnson C. Montgomery, in pro. per., for Plaintiff and Respondent.

DEVINE, J.

Plaintiff, respondent, cast his claim of rights against the County of Contra Costa into the forms of suit for declaratory relief and for the impressing of a constructive trust and petition for writ of mandate. The facts are agreed upon. The problem is one of law only, and it is this: When a taxing authority has collected, by tax sale of real property, a surplus above the amount of its lien, may the holder...

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