Wheeler

The appeals in this case are taken by defendants, trustees of the Samuel Merritt Hospital, from a judgment of the superior court of Alameda County, condemning for public purposes certain lands owned and held by said trustees on the Oakland waterfront of San Francisco Bay, from a final order of condemnation of these lands, and from an order authorizing plaintiff to take possession thereof.

The facts in this case naturally group themselves about the questions of law which are presented on this appeal, and they will therefore be stated so far as they are material in connection with the discussion of these questions.

1. The first contention of the appellants is that the property sought to be condemned was not described by plaintiff in the pleadings with definiteness nor so that it could be located with certainty. This question was presented in vary ing forms to the trial court, for example, by a demurrer to plaintiff's amended complaint, by objection to the introduction of evidence of the disputed boundary, and by instructions which the court was requested to give the jury “that if the location of the southern boundary of the property could be ascertained only by taking the…