Legal Opinion

Hyman v. Read

California Supreme Court

Decided July 1, 1859PublishedCited by 7 opinions

Appeal from, the Twelfth District. Ejectment for a lot, being part of what was formerly known as the City Slip, bounded by Clay, Davis, and Sacramento streets and the waters of the bay, in the city of San Francisco. It is deemed unnecessary to state the facts. The whole controversy was as .to the construction of the Act of March, 1851, known as the Water Lot Act, relative to San Francisco, and the Act of May, 1851, referred to in the opinion.

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Appeal from, the Twelfth District. Ejectment for a lot, being part of what was formerly known as the City Slip, bounded by Clay, Davis, and Sacramento streets and the waters of the bay, in the city of San Francisco. It is deemed unnecessary to state the facts. The whole controversy was as .to the construction of the Act of March, 1851, known as the Water Lot Act, relative to San Francisco, and the Act of May, 1851, referred to in the opinion. And the question was, whether the title to what are called “ slips,” that is, water lots surrounded on three sides by wharfs, etc. and opening out into…

1Opinion of the CourtTerry, C. J.

Field, J. concurring.

This is an action of ejectment, for a lot in that portion of San Francisco known as the City Slip. Plaintiffs claim under a purchase from the State Land Commissioner, and the defendant sots up title in the city, under the Act of March, 1851, commonly called the Water Lot Act.

The decision involves a construction of the Water Lot Act— the main question being, whether the lot in question forms a part of the property granted to the city by the terms of that Act. It was, at the time of the passage of the Act in question, part of an open slip, inclosed on three sides by wharfs,…

2Cases cited2 opinions

  1. Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
  2. Stanwood v. PeirceMassachusetts Supreme Judicial Court · 1811

3Cited by7 opinions

  1. People v. California Fish Co.California Supreme Court · 1913
  2. City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
  3. Forestier v. JohnsonCalifornia Supreme Court · 1912
  4. Hill v. NewellWashington Supreme Court · 1915
  5. Knudson v. KearneyCalifornia Supreme Court · 1915

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