Straut

The only question on this appeal is, whether the claim of the plaintiff is barred by the statute of limitations. Confessedly it is so barred, unless the title of plaintiff was charged with a public trust, and for that reason not subject to extinguishment by adverse possession, under the statute of limitations.

The action is ejectment, for the recovery of one of the beach and water lots of San Francisco. It was found that the defendant Straut, and his lessor, Boyd, had been in the continuous, open, notorious, adverse possession of the lot for twelve and a half years next before the commencement of this action, and judgment went for defendants, from which, and an order denying a motion for new trial, plaintiff appeals.

The title of plaintiff is that, and that only, which was derived under the beach-and-water-lot act. (Stats. 1851, p. 309.) • Appellant claims that by the terms of the act the premises were “ impressed with a public trust.” Whether it was so impressed or not was determined by this court in Holladay v. Frisbie, 15 Cal. 630 , where the court, *125 speaking through Mr. Justice Field, said: “ The right of the state to the percentage, and the obligation of the city to pay…