Donahue

The oral testimony established the condition of the map when it was filed, and at the time when it became by law the official map. A reference to and inspection of the report and map— the colors on the latter being restored—sufficiently identify the lots selected by the Commissioners as school lots; and of these the lot sued for in this action is one.

The action is ejectment for a lot in the Mission Addition of the City of San Francisco, and is included in the territory embraced by the Van Ness Ordinance, so called. The. defendant was in possession at the commencement of the action, but at the trial showed no title or right to the possession, except such as is to be inferred from the fact of possession. J udgment was entered for the defendant, and the plaintiff moved for a new trial on the ground, amongst others, that the judgment and decision of the Court were not justified by the evidence. The motion was denied and the plaintiff appeals.

*192 In deraigning its title the plaintiff relied upon Ordinance 822 of the Common Council of the City of San Francisco, (the Van Hess Ordinance); upon Ordinance 845 of said Council; upon the order of said Council appointing Commissioners to make a plan of that portion of the city, showing the streets and the lots reserved for public use, and to select lots as sites for school-houses, fire engine houses, public parks, etc.; also upon the report of said Commissioners; the map or plan reported by them; the ordinance or order of the Justices of the Peace exercising the powers of a Board of…