Sharp

Action by the city and county of San Francisco to quiet title to the tract of land which was designated on the Van Hess map of 1856 as a “hospital lot,” and which was originally part of the pueblo lands of the city within the corporate limits as defined by the act of April 15, 1851. Such tract was within the scope of ordinance Ho. 833 of the common council of the city approved June 30, 1855—the Van Hess ordinance, and the other ordinances following thereon, relating to the disposition of said pueblo lands, all of which were ratified in terms by the act of the state legislature approved March 11, 1858. (Stats. 1858, p. 53.) Defendant has possession of a portion of said tract, and the possession so held by her is continuous with that of her predecessors in interest, beginning at a time prior to January 1, 1855. The court below rendered judgment declaring that plaintiff is the owner of the land in suit “in trust for the use and benefit of the people of the state of California, and the inhabitants of the city and county of San Francisco, for the purposes of a public hospital”; and that defendant has no right or interest in any part of the same.

On appeal, defendant abandons sundry of…