Potrero Nuevo Land Co. v. All Persons

This is an action to quiet the title to certain real property known as “beach and water lots,” situated in the city of San Francisco. The action is commenced under the so-called McEnemey Act.

Plaintiff alleged that it “is the owner of an estate in inheritance and in the possession actual and peaceable thereof by its tenants or persons holding under it” in certain nine parcels of real property described in the complaint, the same being part of the beach and water lots formerly belonging to the state of ■ California; alleged that, on March 26, 1851, the legislature passed an act granting to the city of San Francisco certain land in said act designated, for the term of ninety-nine years from and after the date of said act (Stats. 1851, p. 37), “except all lands mentioned in said act . . . which had been sold or granted by any alcalde . „ . and also registered or recorded in some book of record ... of the recorder of the county of San Francisco, on or before the 3rd day of April, A. D. 1850,” which said lands were by said act “granted and confirmed to the purchaser or purchasers or their grantees aforesaid by the state relinquishing the use and occupation of the same, and her…