City of San Francisco v. Beideman
California Supreme Court
Appeal from the Twelfth District. Bill for an injunction against a sale of land. The complaint avers in substance, that the city of San Francisco, as incorporated under the charter of 1850, then became and was the owner and possessor for the use and benefit of the citizens, and for municipal purposes, and other uses and purposes declared and intended by the laws of this State thereunto appertaining, of large tracts and parcels of land within the limits of the present city…
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Appeal from the Twelfth District. Bill for an injunction against a sale of land. The complaint avers in substance, that the city of San Francisco, as incorporated under the charter of 1850, then became and was the owner and possessor for the use and benefit of the citizens, and for municipal purposes, and other uses and purposes declared and intended by the laws of this State thereunto appertaining, of large tracts and parcels of land within the limits of the present city and county of San Francisco, and among other tracts of certain tracts of land claimed by defendant; that the present city…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
This was a bill filed by the plaintiff below, respondent here, to enjoin a sale by the defendant of a tract of land which the plaintiff claims, and which is in the possession of the defendant. The County Judge granted rthe injunction prayed for, and on motion, refused to dissolve it. From these orders the defendant appeals..
The bill shows no equity upon its" face. It is not a bill to quiet title under the two hundred and thirty-fourth section of the Practice Act, because the plaintiff does not show itself in possession. It is not a bill to remove or prevent a cloud…
2Cases cited1 opinion
- People ex rel. O'Donnell v. Bd. of Supervisors of S.F.California Supreme Court · 1858
3Cited by9 opinions
- Davis v. PerleyCalifornia Supreme Court · 1866
- Carleton v. TownsendCalifornia Supreme Court · 1865
- City of Monterey v. JacksCalifornia Supreme Court · 1903
- Advisory Opinion to the SenateSupreme Court of Rhode Island · 1971
- Wolf v. BaldwinCalifornia Supreme Court · 1861
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