Adams

City of Oakland v. Adams

Good Law
1918 Cal. App. LEXIS 385·37 Cal. App. 614·174 P. 947
Court of Appeal of CaliforniaJune 24, 1918Civ. No. 2025.California3,404 words

Opinion

Lead Opinion

Beasly, J.

In this eminent domain proceeding by which defendants’ property was condemned by the city of Oakland for a public park, the judgment is attacked on this appeal by the defendants on the ground that the description of the property found in the complaint is insufficient. “The complaint,” says appellants’ counsel in his reply brief, “does not specifically describe the easterly boundary of this land, but it refers to a deed made by the Oakland Waterfront Company to the city of Oakland for such description. This deed fixes the easterly boundary as being the easterly line of the Rancho San Antonio as finally confirmed and patented to V. and D. Peralta between stations 131 and 134. . . . Nowhere in the patent are stations 131 or 134 or intervening stations mentioned or referred to.” The reference to the Oakland Waterfront Company’s deed to the city of Oakland as matter of description has the same effect as if the description were incorporated in the complaint. (Vance v. Fore, 24 Cal. 435 .) This deed describes the westerly line of the park lands as the easterly line of Rancho San Antonio, as finally determined and patented to V. and D. Peralta by the United States of America, between…

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