Heydenfeldt v. Hitchcock
California Supreme Court
Appeal from the Twelfth District. Ejectment for a lot in San Francisco. The case was tried before the Court below, by consent, and the facts, as agreed upon, presented substantially, the question whether Smith v. Morse (2 Cal. 524) should stand as law. Defendant had judgment. Plaintiff appeals.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The appellant claims the lot in question—a beach and water lot in San Francisco—by a sale and conveyance by the Commissioners of the old Sinking Fund of 1850. This Board was constituted by an ordinance of the city, and its powers and objects are set out in the case of Smith v. Morse, 2 Cal. 524. The validity and effect of the ordinance were passed upon in the case above cited, and it was there affirmed that the city had no power to authorize the Board to sell this land, and that the Legislature had not ratified or confirmed this ordinance. This want of power the Court…
2Cases cited1 opinion
- Smith v. MorseCalifornia Supreme Court · 1852
3Cited by4 opinions
- Bd. of Educ. of San Francisco v. FowlerCalifornia Supreme Court · 1861
- People ex rel. Bd. of State Harbor Comm'rs v. Broadway Wharf Co.California Supreme Court · 1866
- Ellis v. EastmanCalifornia Supreme Court · 1867
- Johnson v. YoungIdaho Supreme Court · 1932