Bd. of Educ. of San Francisco v. Fowler

Citations

• 19 Cal. 1

Syllabus

<p>The deed, executed August 3d, 1858, by the Commissioners of the Funded Debt of San Francisco to the Board of Education of said city, in pursuance of the Act of April 26th, 1858 (Stat. 1858, 341) of certain lots in said city set apart by said Commissioners in 1852, at the request of the Common Council, for school purposes, which lots were embraced in the deed of 1850 by the city to the Commissioners of the Sinking Fund, vests such a title in the Board of Education as to maintain ejectment against parties claiming under the city, by force of possession on the first of January, 1855, and the Van Ness Ordinance and the Act of 1858 confirming it.</p> <p>This deed of the Commissioners passed whatever interest the city possessed in the premises, the city having by its previous acts assented to the reservation for schools of these school sites. The Commissioners themselves not objecting to the Act of the Legislature, but accepting and acting upon its provisions, and having large powers of discretion to be exercised for the benefit of the city, third persons, other than creditors holding the funded bonds of the Commissioners, cannot question the validity of the deed; and even such creditors cannot question the deed, except by direct proceedings to subject the property to the purposes of the trust. They cannot interpose any objections to the deed in an action of ejectment founded upon it.</p> <p>The deed of the Commissioners of the Sinking Fund of San Francisco to the Commissioners of the Funded Debt, executed in pursuance of the Act of May 1st, 1851, did not pass all the real estate of the city, but only such property as was embraced in the deed by the city to the Commissioners of the Sinking Fund.</p> <p>The execution by the City of San Francisco of the bonds authorized by the Funding Act of May 1st, 1851, in pursuance of and to give effect to the Act, amounts to an acceptance by the corporation of the Act of the Legislature in all its parts; and this would be sufficient