Otis

Plaintiff appeals from a judgment entered against him upon the granting of defendant’s motion for a nonsuit.

The action was brought to set aside a judgment obtained by the defendant, Zeiss, quieting title to a parcel of land in the city of San Francisco, described as “City Slip Lot No. 19.” The action in which Zeiss had obtained this judgment was one brought under the provisions of the McEnerney Act, so called. (Stats. 1906 (Ex. Sess.), p. 78.) The ground upon which the plaintiff in this action sought to set aside such judgment was that it had been obtained by fraud. City Slip Lot No. 19 is part of a tract of land which, in March, 1851, belonged to the state of California. In that month, the legislature passed an act (Stats. 1851, p. 307) granting said tract to the city of San Francisco for ninety-nine years. The complaint alleges that this leasehold interest, described as the “city title,” became vested in the defendant, Zeiss, and that the reversion, described as the “state title,” was conveyed, in November, 1855, to one Callaway, and has since, by mesne conveyances, become vested in the plaintiff as trustee. The action brought by Zeiss to quiet his title was commenced by him…