Brandon

The plaintiff, city of Port Bragg, appeals from a judgment against it in a suit to quiet title.

The respondent contends the city’s title was equitable only, and, therefore, not sufficient to support a suit to cjuiet title. The appellant contends the deed from the city under which respondent claims was void, and, therefore, the legal title is still in the municipality.

The board of trustees of the city of Fort Bragg, incorporated under the Municipal Corporation Act of 1883 (Stats. 1883, p. 93) and amendments thereto, on April 14, 1908, adopted a resolution to sell the land in controversy for ten thousand dollars, gold coin, and to apply the, proceeds of the sale to the purchase of a city park. On April 27, 1908, the trustees adopted another resolution reciting the former one and the making of a conveyance under it to the respondent. The second resolution also recited that the, president of the board of trustees had received from Brandon the sum of ten thousand dollars, and it' purported to authorize the president to purchase for use solely as a city park at a cost not to exceed ten thousand dollars the same land. A deed, referring to the incorporation of the city under the…