Ohm

Ohm v. City & County of San Francisco

Good Law
1891 Cal. LEXIS 1230·92 Cal. 437·28 P. 580
Supreme Court of CaliforniaDecember 23, 1891No. 12689California4,460 words

Opinion

Lead Opinion

Beatty, J.

This is a suit in equity instituted against the city of San Francisco and a large number of private parties, for the purpose of obtaining a decree ordering, adjudging, and declaring,— 1. That-the plaintiff is the successor in interest of one Peter T. Scherrebeck, and, as such, the equitable owner of a tract of land eight hundred varas square, situated in the heart of the city; 2. That the United States, in conveying the premises to the city and county of San Francisco, did so in trust for the plaintiff, thereby imposing upon said city and county the duty of conveying the same to him; 3. That said city and county, as successor of the Mexican pueblo of Yerba Buena, is, with respect to said premises, bound by the acts of the various officials of the former government prior to the conquest, and by the acts and declarations of the United States and its military and other officers pending and since the conquest; 4. That said city and county, and the numerous private parties who are alleged to be in possession of the premises, and for that reason united as defendants in the suit, be adjudged to hold and to have held such possession with full notice of the equities of the plaintiff, his…

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