Morse v. Roberts
California Supreme Court
Appeal from the Fourth Judicial District. The plaintiffs, commissioners of the Funded Debt of the city of San Francisco, appointed under the act of the Legislature of 1st May, 1851, complain of defendants, because defendants of the one part, and John W. Geary and others, then being commissioners of the Sinking Fund of the city of San Francisco, created by an ordinance of the mayor and common council of the other part, entered into an agreement, dated the 13th February, 1851,…
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Appeal from the Fourth Judicial District. The plaintiffs, commissioners of the Funded Debt of the city of San Francisco, appointed under the act of the Legislature of 1st May, 1851, complain of defendants, because defendants of the one part, and John W. Geary and others, then being commissioners of the Sinking Fund of the city of San Francisco, created by an ordinance of the mayor and common council of the other part, entered into an agreement, dated the 13th February, 1851, whereby the said Commissioners of the Sinking Fund did, as such, grant to the said defendants the right of constructing…
1Opinion of the CourtHeydeneeldt, Justice
The District Court sustained a demurrer to the declaration on two grounds:
First. That there is no averment that the Commissioners of the Sinking Fund had authority to lease the property.
Second. That there is no averment that the lease is assigned to the plaintiffs.
In both of these reasons the Court has erred. In regard to the first, it is enough to say, that the defendants admitted the authority of the plaintiffs when they took this lease. They went in by virtue of it, hold by virtue of it, and rest upon it to maintain and justify their possession. Like any other case of tenancy, they are…
2Cited by1 opinion
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