Low v. Lewis

By the Court, Crockett, J.: The. lot in controversy is one of what are known as the “City Slip Lots, ” in the City and County of San Francisco. These lots were sold in 1853 under what purported to be an ordinance of said city. Subsequently it was decided by this Court in several cases that the alleged ordinance was a nullity, and that no title passed to the purchasers at the sale. The lot in controversy was purchased at this sale by one Buchanan at the price of sixteen thousand seven hundred dollars, which was fully paid. On the 17th April, 1862, the Legislature passed an Act which authorized the Board of Supervisors of said city and county to “ settle, compound, [551]and compromise, and adjust” certain indebtedness arising from the claims of the purchasers, against the city, for the purchase money which they had paid; and, also, “to close, adjust, and settle all controversies respecting the title to said property known as the ‘ City Slip Property/ upon such terms as the said Board may deem just and equitable. ” The Act further provided “that in all cases where the purchase money had been paid for any of said lots, and the purchasers may elect to receive deeds for the same in lieu of any judgment recovered or claim for the return of the purchase money, the Mayor of said City and County of San Francisco is hereby authorized to make and execute deeds to such purchasers or their assigns without any additional consideration, which deeds shall convey all the title in said lots which the city and county has therein. ” (Stats. 1862, p. 265.) At the trial the plaintiff, after proving the original title of the city, put in evidence the above recited Act of the Legislature, and a deed to the plaintiff, dated October 15th, 1868, executed by the Mayor, which recited the sale to Buchanan in 1853, the payment of the purchase money, the fact that the sale was afterwards decided by this Court to be null and void, the assignment by Buchanan to the plaintiff of his claim to have the purchase money refunded, and that the plaintiff had elected to receive a deed for the lot in lieu of a return of the purchase money. After putting the deed in evidence the plaintiff rested and the defendant moved for a nonsuit on the ground: ‘First, that the action was barred by the Act of March 5th, 1864, generally known as the ‘ Hawes Limitation Act;’ second, that the recital in the deed to the plaintiff of the assignment from Buchanan is not sufficient to carry any such assignment. ” The motion for a nonsuit was denied, and the defendant thereupon put in evidence a deed to himself from the Tax Collector of the City and County of San Francisco for the lot in controversy, dated August 12th, 1867, which recited a levy and sale for State,