City of San Francisco v. Ellis
California Supreme Court
Appeal from a judgment for the defendant, in the Fourth District Court, City and County of San Francisco. Morrison, J. By the Act of March 27th, 1874, the Board of Supervisors of the City and County of San Francisco were authorized and empowered to receive and accept from the owners or claimants of lots lying contiguous to Channel Street and Mission Street, from Ninth to Eighteenth Streets, deeds of a tract of land, not less than fifty feet in width, for the construction of…
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Appeal from a judgment for the defendant, in the Fourth District Court, City and County of San Francisco. Morrison, J. By the Act of March 27th, 1874, the Board of Supervisors of the City and County of San Francisco were authorized and empowered to receive and accept from the owners or claimants of lots lying contiguous to Channel Street and Mission Street, from Ninth to Eighteenth Streets, deeds of a tract of land, not less than fifty feet in width, for the construction of a sewer and for a street; and also to acquire by purchase, or to condemn such lots. Channel Street and Mission Creek…
1Opinion of the Court
By the Court:
It is not necessary to decide whether the lands described in the complaint were withdrawn from disposition (by the Board of Tide Land Commissioners) by the first section of the Act of April 1st, 1872, (Stats. 1871-2, p. 926) or whether the plaintiff acquired an easement to drain into the “ open canal ” provided for in this act. Nor is it necessary to determine what *74rights, if any, the defendants have acquired in the lands. The only right of plaintiff alleged is set forth in the complaint as follows:
“ Plaintiff further states, according to information and belief, that ever since…
2Cited by7 opinions
- Williams v. City of San Pedro Etc. Co.California Supreme Court · 1908
- Schroder v. Aden Gold Mining Co.California Supreme Court · 1904
- Denman v. SmithCalifornia Supreme Court · 1939
- Goldberg v. BruschiCalifornia Supreme Court · 1905
- Conrad v. AdlerNorth Dakota Supreme Court · 1904
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