Wheeler v. Miller

Syllabus

<p>Holladaty v. Frisbie, (15 Cal. 630) that the interest of the City of San Francisco in her beach and water lot property, under the Act of March 26th, 1851, is a legal estate for ninety-nine years, not qualified by any conditions, or subject to any specific uses, and therefore a leviable interest liable to sale on execution, affirmed.</p> <p>Smith v. Morse (2 Cal. 524) commented on, and attention called to the fact that plaintiff's judgment, in that case, had become a lien on the property sold before the passage of the Funding Act of May 1st, 1851, and that hence the act was declared unconstitutional, so far as it impaired such previous lien.</p> <p>A purchaser of such beach and water lot property, at a Sheriff's sale, in August, 1851, on execution issued, upon a judgment recovered in January, 1851, against the city of San Francisco, acquired a title, if the judgment became a lien upon the property sold previous to the Act of May 1st, 1851, and the conveyance from the Commissioners of the Sinking Fund, to the Commissioners of the Funded Debt.</p> <p>In this case, as the record does not show that the judgment ever became such lien, the decision, giving title to the purchaser, must be taken without reference to any rights which the Commissioners of the Funded Debt may possess. They are not parties, and as to their rights no opinion is here expressed.</p>