Ellis v. Eastman
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment for a lot of land in San Francisco, on the northeast corner of Larkin and Filbert streets, known on the map of the city, as Fifty Vara Lot Number Seven Hundred and Eighty-Two.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment for a lot of land in San Francisco, on the northeast corner of Larkin and Filbert streets, known on the map of the city, as Fifty Vara Lot Number Seven Hundred and Eighty-Two. On the trial plaintiff introduced in evidence a deed of the Commissioners of the Sinking Fund of San Francisco to E. P. Buckley, dated February 27th, 1851, purporting to convey the demanded premises to said Buckley. The defendants objected to its introduction, because the Commissioners had no power to convey.…
1Opinion of the Court
By the Court, Sanderson, J.:
We think that counsel upon both sides misapprehend the true relation which the Act of the 25th of March, 1858 (Statutes, p. 84) bears to the case. That Act is not a public Act, of which Courts are bound to take notice, but a private statute, which the plaintiff, if she wished to found her title upon it, was bound to offer in evidence.
The deed from the Commissioners of the Sinking Fund conveyed no title to Buckley, for they had no title to convey. (Smith v. Morse, 2 Cal. 524; Heydenfeldt v. Hitchcock, 15 Cal. 514; The People ex rel. The Board of State Harbor…
2Cases cited3 opinions
- Smith v. MorseCalifornia Supreme Court · 1852
- People ex rel. Bd. of State Harbor Comm'rs v. Broadway Wharf Co.California Supreme Court · 1866
- Heydenfeldt v. HitchcockCalifornia Supreme Court · 1860
3Cited by1 opinion
- South Shore Land Co. v. PetersenCalifornia Court of Appeal · 1964