Baker v. Brickell

Pueblo Lands — Title, op San Francisco — Trust — Control of Government.—The tille ot the city of San Francisco to the pueblo lands, as successor to the pueblo of San Francisco, was not ail indefeasible estate, nor strict ownership, but was a restricted ami qualified right to alienate portions of the lands to the inhabitants, and to devote the residue to public uses, and was in the nature of a trust for the benefit of the inhabitants; and its right of disposition and use was in all particulars subject to the control of the government.

Outside Lands in San Francisco — Act op Conoress — Trusts — Bona Fide Possessors. — The legal title to outside lands in San Francisco passed to the United States from Mexico upon the acquisition of California, and passed to the city by the act of Congress of March 8, 1866, upon the trusts set forth in said act, in favor of persons in bona fide actual possession of the same at the date of its passage, by themselves or by their tenants.

Id. — Possession op Head op Family — Surviving Wipe — Trust. — The grant of Congress by said act to the city was intended to be made in trust for the head of a family residing on the lands, and inured to the benefit of a surviving wife in bona fule possession with her children at the date of its passage by virtue of such possession, and not to the estate of her deceased husband, who held bona fide possession prior thereto, nor would she take title from the city in trust for the estate of her husband or for their children.

Id.—Possession by Tenant—Conventional Tenancy — Husband and Wipe. —The “possession by tenant” spoken of in the act of Congress signifies possession by a conventional tenant, and does not apply to the possession of a surviving wife continued after the decease of the husband, which occurred before the passage of the act.

Id. —Act op Congress — Order 800 — Ordinance 822—Legislative Acts — Bona Fide Possession — Conveyance — Presumption. — Where a conveyance was made by the city in pursuance of the act of Congress of 1863, and of order 800 and ordinance 822 of the board of supervisors, and of the acts of the legislature of 1SG8 and 1870 ratifying said order and ordinance, to a person in actual possession of outside lands, if it does not appear that any suit was pending against such person in regard to the land, it will be presumed that no suit existed, and that the possession was bona fule.

Id. — Homestead — Act op 1862 — Survivorship — Descent — Bona Fide Possession of Surviving Wipe. — A homestead acquired under the act of 18G2 on the death of either spouse vested absolutely in the survivor by descent, and need not be set apart by the probate court; and where it appears that the possession of outside lands by a surviving wife was under a legal devolution to her of the whole land as a homestead at the date of the act of 1SG6, the bona fides of her possession are beyond doubt.