Hoadley

Hoadley v. City & County of San Francisco

Good Law
1875 Cal. LEXIS 140·50 Cal. 265
Supreme Court of CaliforniaJuly 1, 1875No. 3142California1,796 words

Opinion

lead Opinion

Rhodes, J.

This action was brought to quiet the title of the plaintiff to two pieces of land, one of which forms a part of Alta Plaza, and the other a part of Hamilton Square, as laid down on the maps of the city. The plaintiff claims title under the Van Ress Ordinance and the confirmatory act of March 11, 1858 (Stats. 1858, p. 52), and the act of Congress of July 1, 1864, by which the title of the United States was relinquished and granted to the city for the uses and purposes specified in the act of March 11, 1858, and he also *272 claims title by adverse possession. The defense is that the plaintiff did not acquire the Van Ness Ordinance title; that the squares were dedicated as public squares, and that the Statute of Limitations had not run at the time of the commencement of the action, so as to bar the rights secured by the dedication of the squares to public use, or affect the title held by the city.

The proofs show that the plaintiff was in the actual possession of the premises on the 1st day of January, 1855, and so continued up to and after the 20th day of June, 1855; and that the title vested in him under the Van Ness Ordinance and the confirmatory acts, unless the squares were…

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