McCreery

The recitals in the deed were not sufficient evidence of the truth of the same, and these recitals should have been proved.

The City of San Francisco was a trustee, and its deed, as such, must show the procuration on its face and be accompanied by proof of strict observance of all pre-requisites.

Wilson & Wilson, for Despondent.

A party not showing himself entitled to a deed from the city and county cannot question the right of a party receiving such deed. The deed itself is sufficient evidence as against the city or a stranger. (Leroy v. Cunningham, 44 Cal. 600 ; Low v. Lewis, 46 Ibid. 549; Van Hastrup v. Madison City, 1 Wall. 297 ; Dupond v. Barstow, 45 Cal. 451 ; Doll v. Meador, 16 Ibid. 325; Randall v. Austin, 46 Ibid. 269; Wetherbee v. Dunn, 32 Ibid. 108; Flint v. Clinton, 12 N. H. 430; Dillon on Cor. 435-6.)

1. The conveyance running to the plaintiff from the City and County of San Francisco was properly admitted in evidence.

When it was offered, and admitted, the defendant did not appear to have any claim to the title conferred on the city by the Act of March 8th, 1866, and conveyed to the plaintiff by the deed in question, and it was, therefore, no concern of his…