Iburg v. Suanet

By the Court, Crockett, J.: The action is ejectment for a parcel of land situate in what is known as the Western Addition to the city of San Francisco, outside of the charter line of 1851, and, therefore, not within the limits affected by the Van Ness Ordinance. The plaintiff claims to be entitled to recover on the ground—First, of prior possession; and second, that [267]at the time of the passage of the Act of Congress of March 8th, 1866, entitled “ An Act to quiet the title to certain lands within the corporate limits of the city of San Francisco” (14 Statutes at Large, 4), he or his grantor was in the bona fide actual possession of the demanded premises, and that having tendered a performance of all the conditions required by ordinance numbered 800 of the Board of Supervisors, which was subsequently ratified by the Act of the Legislature of March 27th, 1868 (Statutes 1867-8, p. 379), he became thereby invested with the legal title.

On the question of prior possession the evidence was conflicting, and we cannot disturb the verdict on the ground that the finding of the jury on that point was not justified by the evidence.

The jury having found, in effect, that the defendants and their grantors had the prior possession of the premises, the plaintiff contends, nevertheless, that on the 8th of March, 1866, he or his grantor had the bona fide actual possession, and was therefore entitled to the benefit of the Act of Congress of that date, whereby the title of the United States was relinquished to the city, in trust for such persons as at the time of the passage of the Act were in the bona fid.e actual possession. But if it be conceded that on the 8th of March, 1866, the plaintiff or his grantor had the actual possession, the bona fides of that possession was also a question for the jury, and the verdict being generally for the defendants, we must assume that the jury found that fact also against the plaintiff. If the evidence on this point be considered in the light most favorable to the plaintiff, there was, undeniably, a substantial conflict in it; and in such cases we uniformly refuse to set aside the verdict, unless the preponderance of the evidence against it is so great as to show that the jury must have been under the influence of passion or prejudice; and there is no such showing in this ease.

The plaintiff, however, complains of certain rulings of the Court at the trial, excluding testimony offered by him tending,, as he claims, to establish the bona fides of the possession on the 8th of March, 1866. The offer was to