Grant
Board of Education v. Grant
Opinion
Lead Opinion
This is an agreed case submitted to the superior court of the city and county of San Francisco, under sections 1138, et seq., of the Code of Civil Procedure. The contest is between the board of education of said city and county, who is appellant here, and John Grant and a number of other persons who are here respondents. Judgment was rendered in the court below for the respondents, and the board of education *41 appeals. Tbe controversy is as to tbe ownership of certain permanent buildings erected by tbe respondents upon certain school lots owned by tbe appellant.
Tbe legislature, by an act approved March 30, 1874, authorized tbe board of supervisors of said city and county to lease for a term of twenty years certain parts of a one hundred vara school lot (No. 128), on the southwest comer of Market and Fifth streets, in said city and county. Tn pursuance of the authority granted by said act the board caused the land authorized to be leased to be surveyed and divided into eleven lots,i each being twenty-five feet front, and executed leases to the respondents or their predecessors in interest—all the leases being substantially similar, and each being of one or more of the…