Legal Opinion

Walker v. The State Harbor Commissioners

Supreme Court of the United States

Decided January 26, 1874PublishedCited by 13 opinions

Error to the Circuit Court of the United States for the District of California. Walker brought au.action of ejectment against Marks and others, the Board of State Harbor Commissioners, for certain real property situated within the limits of the city of San Francisco, State of California.

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Error to the Circuit Court of the United States for the District of California. Walker brought au.action of ejectment against Marks and others, the Board of State Harbor Commissioners, for certain real property situated within the limits of the city of San Francisco, State of California. The case, which was tried by the court without a jury, by consent of parties, arose as follows: In March, 1851, the legislature of the State of California granted to the city of San Francisco au estate for ninety-nine years in certain lands covered by the tide-waters of the bay of San-Francisco, situated…

1Opinion of the CourtJustice Field

The alcaldes of the pueblo of San Francisco possessed no authority to grant any lands covered by the tide-waters of the bay. The grants, therefore, under which the plaintiff claims were inoperative to pass any title to the premises. This is admitted by counsel on both sides, and the only question presented by the record for our determination is whether the grants were confirmed by the act of the legislature of May 14th, 1861.

That question is not an open one for this court. It has received its authoritative solution by the, judgment of the Supreme Court-'of the State. In the case of The People…

2Cited by13 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. Van Matre v. SankeyIllinois Supreme Court · 1893
  3. Fairfield v. County of GallatinSupreme Court of the United States · 1879
  4. Edward Hines Yellow Pine Trustees v. MartinSupreme Court of the United States · 1925
  5. Willis v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1898

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