Eby v. Board of School Trustees of Red Bank School District

Citations

• 87 Cal. 166
• 25 P. 240
• 1890 Cal. LEXIS 1114

Syllabus

<p>Mandamus—Question os Title — Discretion.—Although mandamus is not the appropriate remedy to determine the question of title to real estate, where such title is directly in issue, yet where the question is incidental merely, and may affect the discretion of the court in awarding or denying the writ, it is proper that the court should be satisfied upon the subject.</p> <p>Id. — Defense — Denial of Title — Possession of Defendant—Dismissal. — Where possession of the defendant appears, which is prima facie evidence of title, the question whether it is based upon a paramount title or not cannot be put in issue or litigated in a mandamus proceeding, nor can the defendant ask for a dismissal of the proceeding on the sole ground that by the answer the title to real estate is put in issue.</p> <p>Id. ■—School-house Site—Title to Lot. — In a proceeding for a writ of mandate to a board of school trustees to compel them to proceed to rebuild upon the old site a school-building which had been destroyed by fire, where it appears that it was resolved, at a meeting of the electors of the district, that the site should not be changed, and the district had been for a number of years in possession óf the lot, using it for school purposes, under such circumstances as to authorize its continued use for such purposes, the trustees cannot raise the question of title to the lot, or plead that the district had no title thereto, as a defense to the proceeding.</p> <p>Id. — Evidence — Possession — Dedication. — In such proceeding, evidence tending to show the possession of the property by the school district, and that it was dedicated to the district for school purposes, is admissible to enable the court to ascertain whether or not it should, in its discretion, grant the writ.</p> <p>Id. — Parties — Tax-payer — Location oe School-house Site. — A taxpayer of a. school district, whose children attend the school, is a party “ beneficially interested,” under section 1036 of the Code of Civil P