Galvin v. Palmer
Citations
- 113 Cal. 46
- 45 P. 172
- 1896 Cal. LEXIS 742
Syllabus
<p>Action to Enforce Trust—Verdict of Jury Advisory—Direction of Verdict.—An action to enforce a trust being a case in equity, a verdict of the jury is merely advisory to the court, and it is not error for the court to direct a verdict for the defendant in such a case, even though the evidence may be conflicting.</p> <p>Military Reservation—Title of San Francisco—Act of Congress of 1870—Deed of Commissioners of Funded Debt.—The title of the city of San Francisco to lands included in ¡¡the military reservation was not originally in the city, hut upon the conquest of California vested in the United States, and such lands were reserved from acquisition by private individuals by a valid executive act, and the portion of them acquired by the city were, by act of Congress of 1870, granted to the city in trust for persons who were then in actual possession of them, by themselves or their tenants, or who had been deprived thereof by the military authorities, or by intruders or trespassers, and a conveyance from the commissioners of the funded debt in 1852 passed no title to such lands to their grantee.</p> <p>Id.—Deed from City under Act of 1870—Fraud—Statute of Limitations—Rights of Minors.—Where a deed was executed by the city to one who claimed to he in bona fide possession of presidio lands under the act of 1870, any fraud practiced upon the city in the obtaining of the deed having been committed in 1870, the grantors of plaintiffs were chargeable with knowledge of such fraud, and the cause of action, being barred as to them, is barred as to minors claiming under them.</p> <p>Id.—Presumptions Attending Deed—Performance of Official Duty— Collateral Attack by Stranger.—A deed from the city under and pursuant to the act of Congress of 1870, like a patent, is prima facie evidence that the officers performed their duty in issuing it, and that it ■ was issued to the rightful claimants, and these presumptions can he attacked only by one who connects himself with the title, and
Judges: Henshaw
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Sanford v. Gates, Townsend & Co.Montana Supreme Court· 1898-07-05· cited 32×
- Crabbe v. WhiteCalifornia Court of Appeal· 1952-09-29· cited 10×
- Holladay v. City & County of San FranciscoCalifornia Supreme Court· 1899-05-03· cited 7×
- Mason v. MadsonMontana Supreme Court· 1931-10-22· cited 4×
- Laurel Hill Cemetery Ass'n v. All PersonsCalifornia Court of Appeal· 1945-05-16· cited 1×
- Groene v. KostohrisMontana Supreme Court· 1934-02-10
Cites
18 cases in this archive are cited by this case.
- Kauffman v. MaierCalifornia Supreme Court· 1892-04-02· cited 122×
- Hecht v. SlaneyCalifornia Supreme Court· 1887-05-28· cited 59×
- Love v. WatkinsCalifornia Supreme Court· 1871-01-15· cited 51×
- Mott v. SmithCalifornia Supreme Court· 1860-07-01· cited 34×
- Trenouth v. San FranciscoSupreme Court· 1880-01-19· cited 28×
- Collins v. BartlettCalifornia Supreme Court· 1872-07-01· cited 28×
- Ohm v. City & County of San FranciscoCalifornia Supreme Court· 1891-12-23· cited 22×
- Chapman v. QuinnCalifornia Supreme Court· 1880-07-01· cited 13×
- Thompson v. DoaksumCalifornia Supreme Court· 1886-02-25· cited 13×
- Low v. LewisCalifornia Supreme Court· 1873-07-01· cited 12×
- United Land Ass'n v. KnightCalifornia Supreme Court· 1890-09-04· cited 10×
- O'Connor v. FrasherCalifornia Supreme Court· 1880-07-01· cited 9×
- People Ex rel Bryant v. HolladayCalifornia Supreme Court· 1886-01-28· cited 9×
- McCreery v. SawyerCalifornia Supreme Court· 1877-07-01· cited 5×
- Peabody v. PrinceCalifornia Supreme Court· 1889-03-28· cited 5×
- Palmer v. GalvinCalifornia Supreme Court· 1887-03-25· cited 4×
- Latham v. City of Los AngelesCalifornia Supreme Court· 1891-01-23· cited 4×
- Churchill v. AndersonCalifornia Supreme Court· 1880-07-01· cited 3×
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