City of Stockton v. Weber

Citations

• 98 Cal. 433
• 33 P. 332
• 1893 Cal. LEXIS 940

Syllabus

<p>Cemetery—Title to Land Used fob Burial Pübsoses—Abandonment of Use— Political Code not Retroactive, —Under the, act of 1854 which provided that “ where the bodies of six or more persons are buried such place is a public graveyard,” the title to land used for burial purposes remained in the owner thereof, subject to such use, and an abandonment of the ground for such use, prior to the enactment of section 3105 of the Political Code, which vests title in the inhabitants ®f a city or town to lands “ used as a public cemetery,” left the absolute title discharged from such use in the owner of the land, and such title remained unaffected by section 8105 ef the Political Code, which is not retroactive in its terms or effect.</p> <p>¡Ed.—Grant fob Ornamental Square—Condition Precedent. — A proviso in a grant, bargain and sale deed of a block of land to a city, to be kept as an ornamental square and for the erection of public buildings thereon, “provided the city by its legal representatives obtains authority from the legislature of this state, and makes the necessary removals of the dead from the said block within twelve months from the first day of January, A. D. 1891,” is a condition precedent, and the failure of the city to perform such condition prevents title from vesting in the city under the deed.</p> <p>Id. — Condition for Legislature—Validity.—The condition in the deed that the city obtained authority from the legislature to make the necessary removals of the dead, is, not void as being in conflict with subdivision 7 of section 25 of article IV. of the constitution prohibiting special legislation authorizing the vacating of cemeteries, as'the condition might have been performed by the enactment of a general law under which the removals might have been lawfully made.</p> <p>Id. — Construction of Deed.—In the construction of a deed the understanding and intention of the parties at the time of contracting should be first ascertained ; and to arrive at this intentio