City of Los Angeles v. Borax Consolidated Ltd.
Opinion
Lead Opinion
Cosgrave, J.
The city of Los Angeles brings suit against defendants wherein it seeks to quiet title to portions of Mormon Island located in Los Angeles Harbor, claiming the same as tide land. The plaintiff claims title by legislative grant from the state wMeh, on its admission to the Union, was vested with title to all tide lands by virtue of its sovereignty. The island itself comprises some eighteen acres. The central portion is conceded by the plaintiff to be land originally belonging to the public domain, but plaintiff claims that the northerly and southerly portions, respectively, are below the line of high tide and therefore the property of the plaintiff.
The plaintiff introduced evidence from wMeh the conclusion might be drawn that the land in question is below the line of ordinary high-water mark.
The pleadings admit that the entire island was included in a United States patent issued to defendants’ predecessor in interest pursuant to a pre-emption entry and was surveyed as public land open to entry; the survey duly filed and proof made of the character of the land and United States patent issued; that all proceedings done and had before the land department were sufficient to vest…