California Acad. of Scis. v. City of San Francisco

Ejectment.

The land claimed by the plaintiff is embraced within the pueblo claim of the city of San Francisco, which was confirmed to the city by the decree of the circuit court, May 18, 1865. It is situate west of the charter line of 1851, and is within that portion of the city and county commonly known as outside lands, and is a portion of the land referred to in the act of Congress of March 8, 1866. (14 U. S. Stats. 4.) After the passage of this act the supervisors passed an ordinance known as “order No. 800,” which was ratified by the legislature by an act approved March 27, 1868. (Stats. 1868, p. 379.) By the first section of this ordinance the board of supervisors were authorized and directed to devise and adopt a plan for the subdivision of these outside lands into blocks and lots, “ and to select and set apart for public uses such lots and portions of said land as said board may deem necessary.” The second section provided that after the adoption of the plan the board of supervisors should cause a map of the lands to be made according to this plan, “ and upon such map shall be designated the lots and portions of land set apart for public uses, and the particular use for…