The San Francisco call., 1906-12-14
NJ 'ENERNEY CASE To
BE REOPENEO
Attorney Page Says Act
VIII Finally Be Taken
to United States Court
D. O. MILLS BUYS LAND

The McEnerney law to perfect titles
TO San Francisco realty will be brought
before the Supreme Court of California
again within the next fortnight in the
shape Of petition to be filed, in which
a rehearing will be asked, says Attor-
ney Page of Page, McCutcheon &
Knight II do not care to say what
will be contained in the petition, said
Page. but the move will be made. .
Page is attorney for the California
Title Insurance Company, that has in
surance QUITO the amount of S6,OoO,0O0
on properties in this city based upon
the records that existed before the
April fire.
whether the questions involved in
the act will soon come before the Su-
preme Court of the United States can
not say" Page continued, but there is
no doubt that they will be taken to the
court of last appeal in some of the
cases. Foreign interests and those of
non-residents will be affected by suits.
Instances have come to my notice re-
Gently that sufficiently indicate that
there will be many suits. One of these
is a suit that was brought by Mrs
Vanderbilt to quiet title to the Fair
property on the southeast corner of
Pine and Sansome streets. Adjoining
this property is private way, twenty
five feet wide, one-half of which is
cpNned by the Fair estate and one-half
by the purchasers of the old San Fran
cisco Stock. Exchange Board realty on
Pine street.
ID. o. Mills bought property recently
just north of the Mills building. He
Company and it was incidentally
learned. in the search of title through
the records of the California Title In
surance Company. that Mrs. Wander
bilt's suit covered the entire private
way mentioned. Tobin & Tobin We're
Mrs Vanderbilts attorneys. We laid
before them the records and the error
was rectifed. That case shows. how
ever. what can happen where the par
to annex properties through the Nc
Enerney act. they were. undoubt-
edly in this instance"
When a case is brought to our no
tice that involves the property of an
alien we will proceed in the Federal
courts in California and the questions
will find their way then to the Supreme
Court of the United States. In our
opinion the Federal courts will hold the
decision of the Supreme Court of Cali
fornia under the McEnerney act as a
nullity in any case where a person has
been deprived of property by a decree
when he had no notice and took no
part in the proceedings
Solinsky & Wehe have begun suit in
the Superior Court as attorneys for the
H. Kohler Company. Gerald Cullen has
proceeded under the McEnerney act to
quiet title to property on Kearny street
north of Union. The H Kohler Com
pany claims that Cuflen's suit covers
q strip OF Kohler property that is two
feet and four inches wide on kearny
eighty-three feet deep and four feet
and four inches wide at the rear of the
lot In this instance the Kohler Com
pany makes the claim that the prop.
erty included by Cullen in his suit is
a part of a lot that was bought b,
Henry Kohler in 1873 from John s
Manson and was conveyed by Kohlel
TO the H Kohler Company in 1905. Cul
len owns land just north of the KohleI
piece, so 1T is set up. and in that wa,
his suit for title to his own land ha.
/ included some of that adjoining
This case, Attorney Solinsky saws
may find its way to the Supreme Cour-
OF the United States.