McCreery v. Sawyer
California Supreme Court
Appeal from tho District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover Block No. 591 of the Western Addition, in San Francisco. Tho demanded premises were a part of the Pueblo lands of said city.
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Appeal from tho District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover Block No. 591 of the Western Addition, in San Francisco. Tho demanded premises were a part of the Pueblo lands of said city. The land in the Western Addition. was occupied, and the city had been extended over it, when, on the 8th day of March, 1866, Congress passed an act confirming it to the city, and making the city a trustee for the parties in the bona fide actual possession of the lands on the 8th of March, 1866, on such conditions as the Legislature of this State should…
1Opinion of the Court
The recitals in the deed were not sufficient evidence of the truth of the same, and these recitals should have been proved.
The City of San Francisco was a trustee, and its deed, as such, must show the procuration on its face and be accompanied by proof of strict observance of all pre-requisites.
Wilson & Wilson, for Despondent.
A party not showing himself entitled to a deed from the city and county cannot question the right of a party receiving such deed. The deed itself is sufficient evidence as against the city or a stranger. (Leroy v. Cunningham, 44 Cal. 600; Low v. Lewis, 46 Ibid. 549; Van…
2Cases cited3 opinions
- Van Hostrup v. Madison CitySupreme Court of the United States · 1864
- Dupond v. BarstowCalifornia Supreme Court · 1873
- Lamb v. GallandCalifornia Supreme Court · 1872
3Cited by5 opinions
- Murray v. HobsonSupreme Court of Colorado · 1887
- Galvin v. PalmerCalifornia Supreme Court · 1896
- Palmer v. GalvinCalifornia Supreme Court · 1887
- Honaker v. HeatlyCalifornia Court of Appeal · 1913
- Rousset v. ReayCalifornia Supreme Court · 1882