Newman

The superior court sustained demurrers interposed by the several defendants to plaintiff’s amended complaint, and thereupon entered judgment in •favor of defendants. The plaintiff appeals.

The land described in the complaint is a part of the pueblo lands of the city of San Francisco, all the right and title of the United States to which was, by the act of Congress of March 8, 1866 (14 U. S. Stats, at Large, 9), relinquished and granted to that city, upon the following trusts, namely: “ That all said land not heretofore granted to said city shall he disposed of and conveyed by said city to parties in the bona fide actual possession thereof, by themselves or tenants, on the passage of this act, in such quantities and upon such terms and conditions as the legislature of the state of California may prescribe.”

The complaint alleges that the plaintiff was in the bona fide actual and exclusive possession of the land described therein at the date of the passage of this act, and that on October 12, 1866, the city and county of San Francisco duly passed an order, known as order No. 733, by which said city “ relinquished and granted forever to private proprietorship, irrevocably, all the…