Southern Pac. Co. v. Western Pac. Ry. Co.

Citations

• 144 F. 160

Syllabus

<p>1. COURTS-UNITED STATES COURTS-FOLLOWING STATE DECISIONS — OAKLAND Water Front — Title under Ordinances and by Deed and under Execu- ■ tion Sales and Redemption Proceedings — Validity of Grant — Ratification, Confirmation, and Compromise.</p> <p>For the purpose of facilitating the construction of wharves and other improvements on the Oakland water front, the state of California, by the act of the Legislature of May 4, 1852 (St. 1852, p. 180, c. 107), incorporating the town of Oakland, granted to the town the state tide lands lying within the corporate limits “between high tide and ship channel,” known as the “Water Front Lands.” The town of Oakland, by ordinances and by deed of conveyance, granted these lands to C., upon condition that the grantee should construct certain wharves on the water front extending into the deep water of the harbor, and that he should build a public schoolhouse for the town. C. constructed the wharves and Duilt the public schoolhouse, as provided in the ordinances and deed, and subsequently supported his title to the water front by deeds obtained in pursuance of execution sales on judgments and redemption proceedings against the town with respect to such property, and by a judgment of dismissal in his favor in a suit brought against him by the city of Oakland. The city of Oakland, the municipal successor of the town of Oakland, denied the validity of the grant made by the town of Oakland, and the claim of title thereto under the execution sales and redemption proceedings and the judgment of dismissal, and instituted a number of suits to have the grant declared void. In the last of these suits, commenced August 26, 3893, a judgment was entered in the superior court of Alameda county in favor of the city. On appeal to the Supreme Court of the state that court was of the opinion that it was within the power of the state to alienate those lands which are ■covered and uncovered by the daily flux and reflux of the tide, but that a transfer of