The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-05
JOHN <. MooRE,s BIG CLAIM
How He Became Possessed OF Land
Now Part Of San Francisco.
From the NeLC York Time


MIDDLETOwN, Y. Y, July 1.-The sur
prising statement given TO the Times the
other day by its San Francisco correspond
ent 70 the effect that David d. Houston OF
Middletown. Y. Y. as assignee Of John h.
Moore, mad begun an action In the United
States district court of California against
the city and county of San Francisco for
TIE re -0very OF property in that city now
Of the value of many millions has sub
stantIal foundation in fact. Mr.. Houston
Is miller and grain merchant of high so
cial and business standing. John K. Moore
of San Francisco, the asslgnor Of the claim,
Is MIR HOustons father-in-law.
When the California gold fever broke out
in 1S4S-49, John K Moore. a boss carpen-
ter and builder of this place was among the
Argonauts who went TO the Pacific shores.
Instead Of going TO the mines he remained
III San Francisco and engaged in building
operations and real estate speculanOns.
Among other property acquired be pur-
chased, in 1880 Of an old Mexican resident
named fernando Marcnina, a tract about
one mile square, then vacant sand and pas
ture lots, but now within the city limits of
San Francisco, and devoted to public parks
or covered by blocks Of valuable buildings.
The property had been granted TO Marchina
IN 1913. in compensation for distinguished
military services, by the then Mexican gov
ernor Of Alta California, Manuel Michel
Torenas
Mr.. Moore paid Marchina $25, 900 for the
tract, and at once proceeded to take posses
sion and TO put up number of buildings
on 1t. Several of the buildings are standing
at this day. He held undisputed possession
of the property, occupying one of the build
lngS himself, for three years, when, In 1888,
he left on long visit to his old home at
Middletown.
In the meantime the municipality of San
Francisco had set no a claim to the owner
ship, On the ground of an alleged fatal de-
feet in the Marcnina grant, which opened
the way for the city to come i'll possession
of it under a subsequent grant. One of the
minor courts, IN passing upon collateral
question, admitted the city's claim.
The municipality thereupon took posses
sion of the property, and, after
driving off Moore's tenants, parceled it out
IN public parks and building lots. On
Moore's return to San Francisco he began
suits in the state courts against the city to
establish his claim and recover possession,
and the litigation has been going on with
varying decisions until about year ago,
when the state superior court gave a final
decision against him. He now takes the
case TO the United States courts under an
alleged recent discovery of new and i'm
portant testimony, tending to establish the
validity of the Marchina grant, on which
his claim is founded.
1t is noteworthy, as showing degree of
merit III the claim, that many of the
shrewd and real estate buyers of San Fran
cisco, in purchasing property on the dis
puted track, take the precaution to secure
a title from Moore in addition to that COM
ing from the city. AS an example, the
trustees of the Odd Fellows hall, recently
built on Market street, paid Moore $1,000
for quit-claim deed of his interest in the
site. A number of the more eminent law
yers of California have undertaken to
carry the Moore claim through the United
States courts, and speak confidently of the
issue.