President & Trustees v. San Diego & Los Angeles Railroad

By the Court, Belcher, J.:

This action is brought for the purpose of having a deed, executed by two of the Trustees of the City of San Diego to the defendant, declared void and canceled as a cloud on the plaintiff’s title.

The deed was made under the supposed authority of an Act of the Legislature, approved April 2d, 1870 (Stats. 1869-70, p. 696), authorizing and empowering the President and Trustees of the City of San Diego to donate and convey to the San Diego and Los Angeles Railroad Company “ not to exceed five thousand acres of the pueblo lands of said city, or such pieces or parcels…