Wood

delivered the opinion of the Court.

* This was an action to recover certain premises in [193] the City of San Francisco, known as the Broadway Wharf and the rights appurtenant thereto, purchased by the respondent at Sheriff’s sale, upon an execution against the City of San Francisco,

At the time of the rendition of the judgment, Broadway street had not been extended beyond the line of Front street by any act of the municipal authorities.

It will be observed, also, that Broadway street, or that portion of it which is embraced in this controversy, was laid out on land belonging to the State by virtue of her sover *194 eignty, and which was not conveyed to the city until the Ac* of March 26th, 1851, which confirmed to the City of San Francisco certain beach and water property, marked on an official map of said city, referred to in said Act, on which map Broadway was laid down as a public street; and that the front line of the city was extended beyond Front street, the former termination of Broadway.

Previous to the rendition of judgment, as well as the passage of the Act referred to, the Sinking Fund Commissioners had entered into a contract with certain individuals, to construct…