City and County of San Franciso v. Holladay

Citations

• 76 Cal. 18
• 17 P. 942
• 1888 Cal. LEXIS 817

Syllabus

<p>San Francisco—Lafayette Park—Dedication to Public Use—Act of July 1, 1864—Judgment as Bar. —The action was brought by the city and county of San Francisco to recover the possession of certain land, forming part of what is known as Lafayette Park. The plaintiff claimed that the land had been dedicated as a public square, and that it held the legal title in trust for such purpose, under the act of Congress of July 1, 1864, and the act of the legislature of March 11, 1858. The defendants pleaded in bar of the action a judgment rendered in favor of Holladay, in, an action brought by him against the city and county, on the 17th of December, 1864, to quiet his title, in which it was decided that the land never had been dedicated as a park, and that the city and county had no title thereto. Held, that the action having been brought subsequent to the passage of the act of July 1, 1864, the judgment rendered therein was a bar to the present action.</p> <p>Id. — Quieting Title against City and County. — Under the provisions of the consolidation act of 1850, the city and county of San Francisco could properly be made a party defendant in an action to quiet title at the instance of a private person.</p>