Scott v. Dyer
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fourth District Court, City and County of San Francisco.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, C. J. The complaint, in effect, alleged that the pueblo of San Francisco on the 22nd day of September, 1848—by its alcalde, Loavenworth —made a grant to one Harris, of a lot 100-varas square, known as Lot Ho. 11 of the Laguna Survey, in the present City and County of San Francisco, and that the title of Hands had vested in the plaintiff; that in 1856, the City and County of San Francisco made an order by which it adopted a plan or map…
1Opinion of the Court
Department No. 1, McKinstry, J.:
The plaintiff claims title to the lands described in the complaint under a grant of the same made by T. M. Leavenworth, Alcalde of the Pueblo of San Francisco, to one A. C. Harris, on the 22nd day of September, 1848, which was in the usual form of alcalde grants, and made in compliance with the then customary formalities.
The question of the validity of such a grant, and that it conferred the right to the possession upon the grantee, cannot be reconsidered by this Court.
The 7th day of July, 1846, has been recognized by the Courts and by the Congress of the…
2Cases cited5 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Broad v. BroadCalifornia Supreme Court · 1871
- White v. MosesCalifornia Supreme Court · 1862
- Dewey v. LambierCalifornia Supreme Court · 1857
- Alexander v. RouletSupreme Court of the United States · 1872
3Cited by4 opinions
- Beals v. City of Los AngelesCalifornia Supreme Court · 1943
- Spaulding v. BradleyCalifornia Supreme Court · 1889
- Spaulding v. WessonCalifornia Supreme Court · 1896
- Beals v. City of Los AngelesCalifornia Supreme Court · 1943