The San Francisco call., 1897-10-05
PROPERTY WON
FOR TIE CITY
Judge Slack Hands Down
His Decision in a Big
Lawsuit.
Over Two Hundred Defendants
Who Will Have to Vacate
Real Estate.
Twenty-FOur Days Occupied in the
Trial and All the Points We're
Carefully Considered.

Judge Slack of the Superior Court
handed down his decision yesterday in
the suit of the City and County of San
Francisco against John Center and others,
awarding to the city and county property
valued at about $150,000 and placing at
the disposition of the municipal authori-
ties large number of building lots that
may be sold or rented for the benefit of
the municipal treasury.
Hitherto there has been no demand for
these lots because of he cloud on the title,
but it is thought that Judge S!ack's de-
cision has been so well considered that
there is little likelihood Of he defendants
securing a reversal in the Suprem me Court
and that now the lots will be taken either
on long leases or that purchasers will
soon be found.
This case is an action in ejectment, and
was begun more than ten wears ago by he
city 10 recover from over 200 defendants
long strip of land. exteniing from Ninth
street 10 Eighteenth, and EN- bracing what
was formerly the bed OF Mission Creek,
and Old Channel street-a strip OF land
which under the Stratton survey of the
pueblo OF San Francisco was excluded from
the pueblo lands and held 10 belong to the
State of California, but which under the
subsequent Van Laicht survey was m
and held 10 belong TO the City and County
of San Francisco in trust for the inhab-
itants.
After the Stratton survey and before the
Van Le.cht survey, the State deeming it
her property, sold parts OF this land TO
divers ersons, and others squatted OH
various portions of it, and 1t was to recover
against these persons, 20S in mum Der, that
.his action was brought.
The city filed in he channel of Mission
Greek. at a cost of more than $50, 600 and
divided the strip of land in controversy
into l09 lots (under an act of the Legisla-
ture) for the purpose Of selling the same;
but owing 10 the contest over the title,
none OF the lots were ever sold.
There was litigation TO a part of this
land between the city and George w. Ellis
(under whom some OF the defendants
claim) which resulted in a iud dsment in
favor OF Ellis, (San Francisco VS.. Ellis.
81 Cal. 1916 and there was also litigation
between the LIE Roys and the city, as to
other parts of said land, which resulted in
a judgment Iii favor of the lie Roys
(San Franc SEQ VS.. lie Roy, 1873 U. s., 656
Both OF these judgments were pleaded IN
this suit as estoppels against the city
which gave rise to some of The closest
questions in case bristiing with close
questions.
In an elaborate argument, counsel for
the city convinced Judge Slack that for
certain reasons neither of said judgments
was really an estoppei against the city, and
the ci,y's original title TO the land could
be litigated III this action.
The hearing of the case occupied twen-
ty-foul trial davs. and after exhaustive
arguments on both sides Judge Slack an
nounced that he would decide In favor of
the city, except as 10 a small piece about
30x50 feet, situated at the south west cor
ner of Alameda street and old Colum bia
street of The Van Ness map, which he
gave 10 the lie Roys.
AfterMard, owing to the implicated
nature OF the litigation, he granted re-
hearing and reargument as to the lie
Roys. This reargument was finished Just
before Judge Slack began the trial OF the
Fair case, which trial obliged him to
postpone consideration of the matter, and
1t was only yesterday he announced his
decision.
His decision is to the same effec, as be-
fore and gives the city everything except
the small pie &C 30x50 at the corner of Al
ameda and Columbia streets before men
toned.
The various defendants were repre-
sented by w. T. Baggert, G. G. Tripp.
Horace G. Piati, f. :. PIlsbury, w. S.
Goodfeilow, X. E. Houghton, D. II. Whit
temore, William b. Tyler, ReiRstein q
Eisner, II. q. Brandestein, Sharp &
Sharp. E. l. Heller, Wilson e. Wilson
and others.
The city was represented by Assistant
City and County Attorney KnoIes Bor-
den, who devoted many weeks of patient
research into the complicated facts and
law of the case.