City of Oakland v. Carpentier

Terry, C. J. concurring.

This is a bill in equity filed by a municipal corporation to set aside a contract or lease made of certain franchises and real estate. The bill charges that the city of Oakland is the legal successor of the town of Oakland by Act of the Legislature, passed March 25, 1854. That the town of Oakland was incorporated by law on the 4th May, 1852, and, by the same Act, was vested Avith a title to certain lands comprising the Avater front within the corporate limits; also, with certain privileges touching the erection of wharfs, docks, etc.; that, by the Act incorporating the…