Legal Opinion

London & San Francisco Bank, Ltd. v. City of Oakland

Court of Appeals for the Ninth Circuit

Decided October 3, 1898No. 444PublishedCited by 18 opinions

Appeal from the Circuit Court of the United States for the Northern District of California. For opinion of circuit court,- see 86 Fed. 30. Suit in equity to quiet title to certain lands, and to enjoin the city of Oakland (which claims that the land in question has been dedicated as a public street known as “Fallon Street”) from interfering with the same.

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Appeal from the Circuit Court of the United States for the Northern District of California. For opinion of circuit court,- see 86 Fed. 30. Suit in equity to quiet title to certain lands, and to enjoin the city of Oakland (which claims that the land in question has been dedicated as a public street known as “Fallon Street”) from interfering with the same. The suit was tried upon the following stipulation as to the facts: “It is hereby stipulated in the ahove-entitled action that the following facts are admitted to be true, and proof of the same is hereby waived: That complainant was…

1Opinion of the Court

HAWLEY, District Judge.

Tbis is a suit in equity to enjoin the city of Oakland and its officers from entering upon' land claimed by complainant, and interfering with its possession thereof, or from removing therefrom any of the buildings, fences, trees, or shrubbery thereon, and from using, or attempting to use, the same as a public street; and to quiet the title of complainant to the land. The defendants claim in their answer that the land in question has been dedicated as a public street, known as “Fallon Street,” of the city of Oakland. Some testimony was given at the trial in addition to…

2Cases cited47 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Morgan v. Railroad Co.Supreme Court of the United States · 1878
  4. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  5. Archer v. Salinas CityCalifornia Supreme Court · 1892

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3Cited by18 opinions

  1. Allied American Inv. Co. v. PettitArizona Supreme Court · 1947
  2. Easton v. KochSuperior Court of Pennsylvania · 1943
  3. Indian Rocks Beach South Shore v. EwellSupreme Court of Florida · 1952
  4. City of Los Angeles v. McCollumCalifornia Supreme Court · 1909
  5. Kee v. SatterfieldSupreme Court of Oklahoma · 1915

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