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53 Cal.App.2d 718 (1942)
COUNTY OF LOS ANGELES et al., Respondents.
Civ. No. 12842.
California Court of Appeals. Second Dist., Div. Three.
Feb. 28, 1942.
LeRoy McKibben for Appellant.
John J. Ford, County Counsel, and S. V. O. Prichard, Deputy County Counsel, for Respondents.
WOOD (Parker), J.
Action to recover money paid in error as a tax on plaintiff’s real property.
The court below found that at the time and place of executing the tax deed to the property plaintiff represented and warranted to the tax collector that a fire had recently occurred on the property and that the property was then vacant; that such fire was a material fact affecting the market value of the property; that the property did not contain a dwelling or a source of income; that such representation was material, false, wilfully made, and without the knowledge of the truth thereof, and that at the time of executing the tax deed the property was worth more than $600, as alleged in plaintiff’s complaint. The judgment entered was for the defendants.
The property in question was a lot and building located at 3012-28 Fullerton Avenue, Los Angeles. Tax assessor-collector William D. McAnally stated in his return that the assessed value of the property was $1,236.80; that the amount of taxes due was $600.12. The tax certificate was issued to the tax collector on September 15, 1936, on the property described as the lot and building at 3012-28 Fullerton Avenue, Los Angeles.
In November of 1936 plaintiff entered into a contract to sell the property to one Albert McCutcheon for a consideration of $3,000. On February 9, 1937, McCutcheon sold the property to plaintiff for the sum of $2,000.
On November 8, 1938, McC