People ex rel. Jacobs v. Kruger

Citations

• 19 Cal. 411

Syllabus

<p>The Act of March 26th, 1851, (Stat. 1851, 307) commonly called the Beach and Water Lot Act of San Francisco, did not extend the line of East street, from Clay to Jackson, through the slip property to the water line front as established by the act. The phrase in the first section of that act, “ thence northerly on the eastern line of East street to its point of intersection with the northern side of Jackson street,” was not designed to lay off and establish a street, or to protect the line of a street already existing; but was intended simply to fix the boundary so as to show what was conveyed by the act; and this was done by giving the course of the street as a single line protracted from East street to its intersection with Jackson.</p> <p>And hence, where defendant, in September, 1851, on sale under judgment against the city, had purchased her title to a portion of the ground covered by said East street, between Clay and Jackson, and had subsequently purchased the State’s interest in the same, these purchases being prior to any acts by the city declaring the street open as a public street: Held, that defendant owns the property as against the city; that her ordinances laying out this street being passed subsequently to defendant’s acquisition of the city title, have no effect upon defendant, because the proper proceedings were not taken to condemn the land to public use.</p> <p>The fact that East street was dedicated on the old plan of the city—that is, the map or plan of 1850—is insufficient to extend the street as a public highway beyond its first limits—to wit: from Folsom'street to the southerly side of Market—and to the bay.</p>