· 3/28/1888

People v. City

Citations

  • 75 Cal. 388
  • 17 P. 522
  • 1888 Cal. LEXIS 556

Syllabus

<p>Mexican Gbant—Pueblo Lands — San Fbancisco — Tide-lands — Conclusiyeness or Patent and Subvey. — The patent from the United States government to the city and county of San Francisco for the pueblo lands confirmed to it under the acts of Congress of March 3, 1851, and of July 1, 1864, hy the decree of the United States circuit court, which patent conforms in its description of the lands granted to the final survey made, as provided in the latter act, in accordance with the instructions of the commissioner of the general land-office, is conclusive evidence, as against the state of California, of the right of the city and county of San Francisco to all the lands embraced within the exterior limits of the survey, including tide-lands lying below the line of ordinary high tide.</p> <p>Id. — Act of March 3, 1851 — State not Third Person. — The state of California is not a “third person,” within the meaning of section 15 of the act of March 3, 1851, providing that any patent issued under the act shall be conclusive between the United States and claimants only, and “shall not affect the interests of third persons.”</p>

Judges: McKinstry, Paterson

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