City of San Francisco v. Ellis

Citations

• 54 Cal. 72

Syllabus

<p>Sab Francisco—Statute, Construction of—Variance.—The Act of March 27th, 1874, (Stats. 1873-4, p. 711,) authorizing and requiring the Board of Supervisors of the plaintiff to sell at public auction all of Channel Street and Mission Creek, except so much thereof as might be required for a street and sewer, and providing that the deed of the mayor to the purchaser of any lot, should vest the title in such purchaser, did not operate as a grant to the plaintiff.</p> <p>Same—Quiet Title, Action to.—In an action hy the plaintiff to quiet title to a portion of the said land, against one claiming under a deed, subsequent to the act, from the Board of Tide Land Commissioners—the complaint alleging that the plaintiff was seized of the land: Held, that the action could not he maintained, for want of title in the plaintiff, and that it was, therefore, unnecessary to examine the title of defendant.</p>