Legal Opinion

Schmitt v. City of San Francisco

California Supreme Court

Decided November 10, 1893No. 14419PublishedCited by 19 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

This is an action to quiet title to portion of block 226 Western Addition to San Francisco. The defendant claims that it has been dedicated to the public use as a street. Whether it has or not is the only question involved.

The defendant had judgment, and plaintiff appeals from the judgment and from the refusal of a new trial.

It appears from the findings that in 1855 one Thomas Hayes owned a large tract of land within the city of *303San Francisco, called the Hayes tract. That in June, 1859, he caused the whole tract to be surveyed and subdivided into blocks and lots, extending through…

2Cases cited5 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Archer v. Salinas CityCalifornia Supreme Court · 1892
  3. Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
  4. Bridges v. . WyckoffNew York Court of Appeals · 1876
  5. Whelan v. BoydCalifornia Supreme Court · 1892

3Cited by19 opinions

  1. Davidow v. GriswoldCalifornia Court of Appeal · 1913
  2. City of Sacramento v. ClunieCalifornia Supreme Court · 1898
  3. Prescott v. EdwardsCalifornia Supreme Court · 1897
  4. Eltinge v. SantosCalifornia Supreme Court · 1915
  5. County of Inyo v. GivenCalifornia Supreme Court · 1920

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