Home for the Care of the Inebriate v. City of San Francisco
Home for the Care of the Inebriate v. City of San Francisco
Opinion of the Court
The plaintiff claims to be the owner of a lot of land within the boundaries of the city and county of San Francisco, and brought this action against the defendant to quiet its title thereto. The defendant denied the plaintiff’s right to the land, and alleged itself to be the owner of the land, and asked a judgment quieting its title thereto as against the plaintiff. Judgment was rendered in favor of the defendant, and the plaintiff has appealed.
The land in question is within that portion of the corporate limits of San Francisco which is embraced within the terms of the act of Congress of March 8, 1866. (14 U. S. Stats., p. 4.) By that act Congress granted to the city its interest in the lands ¿herein described, and confirmed the city’s claim thereto, upon
The plaintiff, however, disclaims any right by virtue of the proceedings under order No. 800, but contends that the title to the lot was vested in it by virtue of section 7 of an act of the legislature, approved April 1, 1870. (Stats. 1869-70, p. 586.) This section is as follows: “The title to the lot set apart by the
The plaintiff acquired no title to the land by virtue of the statute of limitations. The court has made no finding of fact in support of this claim, and it does not appear that the plaintiff offered any evidence authorizing such finding. The finding that the plaintiff has had possession of the lot since the passage of the aforesaid act of 1870 is of no avail, in view of the other
The judgment is affirmed.
Van Fleet, J., and Beatty, C. J., concurred.
Reference
- Full Case Name
- HOME FOR THE CARE OF THE INEBRIATE v. CITY AND COUNTY OF SAN FRANCISCO
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Home fob Inebriates—Dedication off Lot to Public Use—Private Corporation—Title of City and County.—The dedication of a lot in the city and county of San Francisco for a “Home for Inebriates,” by virtue of proceedings had under Order 800, reserved the lot from private occupation, and dedicated it to a public use, and a private corpora-, tion known as the “Home for the Care of the Inebriate,” without any of the elements of a public agency, can have no right to the lot,' or to its possession under such proceedings, but the title remained in-' the city and county for the public use designated. • Id.—Construction of Act of 1870—Action to Quiet Title of Private Corporation— Judgment fob City and County—Presumptions upon Appeal. In an action to quiet the -title of such private dorporation against the city and county of San Francisco to such lot, where plaintiff claimed title under the act of April 1, 1870, purporting to vest the title of the city and county in such corporation to a lot described therein merely as “set apart by the board of supervisors of San Francisco, or a committee of said board, to and for a corporation known as the ‘Home for the Care of the Inebriate,’” upon appeal from a judgment quieting the title of the city and county, where there is no evidence or finding in the record to show that any lot was ever set apart to such corporation, or that the lot dedicated by the city to public use was ever intended for such corporation, It must be presumed that the “Home for Inebriates” described in Order 800 was not a corporation, and was not the same organization as the private corporation, “Home for the Care of the Inebriate,” and that, inasmuch as the board of supervisors could set apart the land only for public uses, it did not set apart the lot in question for the private use of the plaintiff, and it must be presumed further that there was no evidence from which any finding could be made that plaintiff was the beneficiary intended by the board of supervisors. In.—Statute of Limitations—Adverse Possession—Prescription—Public Use.—No title could be acquired by the plaintiff by adverse possession under the statute of limitations, or by prescription to a lot dedicated to public use.