People ex rel. Jacobs v. Kruger
California Supreme Court
Appeal from the Twelfth District. Complaint filed by the Attorney General to compel defendant to remove certain buildings owned by him, and claimed by plaintiff to be situated on and across East street, in the city of San Francisco, and to leave said street open as a public street.
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Appeal from the Twelfth District. Complaint filed by the Attorney General to compel defendant to remove certain buildings owned by him, and claimed by plaintiff to be situated on and across East street, in the city of San Francisco, and to leave said street open as a public street. The complaint avers, in substance, that there is a street in San Francisco, called East street, one hundred and thirty-seven and a half feet wide, and extending from Folsom street to Jackson street; that by the Act of March 26th, 1851, entitled •“ an Act to Provide for the Disposition of certain Property of the…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
We take the same view of the main question in this case as that taken by the referee and the District Court.
The question is, whether the street on which it is claimed the defendant intruded—namely, East street, in the city of San Francisco—was legally established to the water line prior to the passing of the city title to the defendant or his predecessor. It is not *421pretended that any street was actually laid out to the bay prior to the sale by "the Sheriff of this lot of defendant’s as the property of the city; but the appellants insist that, by the terms of the Water Lot…
2Cited by2 opinions
- People ex rel. Burr v. DanaCalifornia Supreme Court · 1863
- City of Eureka v. McKay & Co.California Supreme Court · 1899