Hartung

San Francisco & Fresno Land Co. v. Hartung

Good Law
138 Cal. 223·1902 Cal. LEXIS 479·71 P. 337
Supreme Court of CaliforniaDecember 31, 1902S.F. No. 2569.California2,178 words

Opinion

Lead Opinion

Smith, J.

This is a suit to quiet plaintiff’s title to the land described in the complaint and to recover its possession. The plaintiffs had judgment, from which and from an order denying their motion for a new trial the defendants appeal. The points urged by appellants’ counsel are, in effect,—1. Error in admitting in evidence a deed of conveyance, of date June 18, 1898, from the city and county of San Francisco to the plaintiffs; 2. Insufficiency of the evidence to justify the finding of title in the plaintiffs; 3. Insufficiency of the findings on the issue of defendants’ adverse possession, and their plea of the statute of limitations; and 4. Insufficiency of the complaint.

1. The deed in question purports to have been made in pursuance of an award of the board of supervisors, of date March 7, 1898, upon the petition of the plaintiffs, and proceedings thereon had, under the provisions of the act of March 24, 1870 (erroneously appearing in Stats. 1869-1870, p. 353, as of date March 14th,) entitled “An act to expedite the settlement of land titles in the city and county of San Francisco,” etc.,—the land conveyed being the rectangular block of land known as Potrero Nuevo Block 170, bounded…

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