McCreery v. Sawyer

Citations

• 52 Cal. 257

Syllabus

<p>Conveyance by Tbustee to Beneficiaby. — If a city holds the title to lands within its limits as a trustee for the parties in possession of the same, and to be conveyed to such parties upon the compliance by them with certain conditions, and the proper authorities of the city convey the land, one who has no claim to the land cannot raise the question whether the grantee was a beneficiary, and entitled as such to the conveyance.</p> <p>Idem:—Sucli deed is conclusive as evidence in favor of the grantee, in ejectment by the grantee, against one who has no claim to the title of the city.</p> <p>Plea of the Statute of Limitations.—An answer in ejectment stating that the defendant was, when the suit was commenced, is now, and has been, for more than five years immediately prior thereto, tlio owner of and seized in fee, and entitled to tlio possession of the demanded premises, is not a plea of the Statute of Limitations.</p> <p>Pueblo Lands of San Fbancisco.—One who claims title to Pueblo lands in San Francisco as a beneficiary under the Act of Congress of March 8th, lSGti, and of Order No. 800, must show that his possession on the 8th oí March, 1866, was bona fide.</p>