People ex rel. Chandler v. Smith

This is an action by the people on the relation of R. D. Chandler to abate a nuisance.

It is alleged in the complaint that the land upon which the building stands is part of a public street in the city of San Francisco, known as Oregon Street; that defendant placed the structure in said street on or about July *491 1, 1885, and ever since has unlawfully kept and maintained the same. The defendant denied that the land on which the building stands ever became a public street, by dedication or otherwise; averred that he was the owner in fee of the premises described, and entitled to the use and enjoyment of the same; and for a further answer, alleged that for more than seventeen years immediately prior to August 18, 1877, he had been in the actual, open, peaceable, and exclusive possession of the property; that on said last-named day the city and county of San Francisco, falsely pretending that the premises were included within the limits of the public street called Oregon Street, wrongfully entered upon the premises and ousted him therefrom; that thereafter he commenced an action against said city and county to recover the possession of the premises; that in the answer filed…