Vale

This is an action in equity to compel the defendants to remove from a public park in the City of San Bernardino, commonly known as Pioneer Park, a log cabin with additions thereto. The material parts of the deed by which the land in question was acquired by the city read as follows:

“This Indenture, made the thirtieth day of November, in the year of our Lord one thousand eight hundred and seventy-two, between Thaddeus Amat, Bishop of Monterey and Los Angeles, an ecclesiastical corporation sole of the religious persuasión known as the Catholic, party of the first part, and the ‘Inhabitants of the Town of San Bernardino’ the parties of the second part:

“Witnesseth:

The complaint alleges that on or about July 1, 1911, and since, the defendant City, by and through its Mayor and Common Council, in violation of the trust created by the said deed, has permitted private buildings (being the log cabins referred to), to be erected on the premises for private use and not for the use and benefit of all of the inhabitants of the city, and has permitted the San Bernardino Society of. California Pioneers and the Golden State Club to occupy the same to the entire exclusion of all other…