The San Francisco call., 1897-12-18

the time when the slow process OF the law
would bring them once more into court.
Their time came yesterday when Judge
Seawell dismissed the last of the mum Der,
and so the old suits, which have be en-
pending since 1881, have finally found
iest
c. F. Pringle is responsible for disturb
ing the long sleep OF the ancient cases.
While searching the title of some property
Tor one of his clients he discovered two
Iong-forgotteE actions which were still
pending, ami SO impairing the titles 10
the property Included in their pleadings.
Mr.. PrlngIe accordingly appeared before
Judge Seawell yesterday morning and
asked that the suits of John Geary Ell al.
VS.. Alfred MilhaGo ct al, and that OF
the Poop, OF the State of California (by
S. c. Hastings) VS.. the City ana County Of
San Francisco and Peter f. Smith ct al.
be dismissed for lack of prosecution.
The request was granted, and so the last
OF the famous old lIligniion passed from
the records o. the Sau Francisco courts.
The Geary suit has been pending since
1851, the other since 1852 and since those
dates there has not b, en- motion, an
argument, not even an application to stay
or continue, to disturb the sleeping
Re cord.
The two suits are the last of a large
number which covered the titles to sew
eral million dollars worth OF property
along the water front OF San Francs SEQ.
Tney were known as the Peter Smith
suits and they started late IN 1850. Peter
Smith was 4 physician, and after doing
some work in the city hospitals and on its
sanitary system ne presented n bill for
$2j, 600. This bill the city had no money
10 pay, so he sued, secured Judgment
and then an execution under which be
WAS allowed some property, pant OF which
was along the wafer front and the re-
mainder was upland property.
No s, oner had he secured possession
than he proceeded to sell his lots, and at
once suits began 10 be fled and legal pa
pers to pile up until great deal Of The
Ilme and attention OF the old District
courts were taken up with matters in the
case OF Peter 4. Smith and others.
The first result o. the litigation was to
have it settled that Smith had no title to
the upland property, a that was held by
the city under the old pueblo grant, and
so could not be allenalei. But as 10 the
water front property, that had been se-
cured by the city from the State under a
lease for ninety-nine years, and thiS being
an interest winch the city could pass on
to another was considered AN absolute
title, and the sales OF water front prop
erty were held legal and binding until,
after the nnety-nine years OF the lease
had elapsed, The property should revert to
the State.
Suits were brought 20 test the validity
of these sales of water front property, and
among them was suit for an in Jun ction
brougut by the State against the city and
Smith to restrain the r. from trans erring
the property. and one by John Geary ct
al, bond commissioner. to whom the city
had previously transferred the property
TO secure payment on the bonds, against
Alfred Milhsdo ct al, who were buyers.
The two iniunctions asked TOR were
denied, but still the old suits hung along,
like ghosts a ieas;, having no existence
outside of drawer in the County Clerk 5
office, and alive only in the minds of the
Older mem bers of the bar. But with the
dismissal of the two actions yesterday the