The San Francisco call., 1906-08-11
AIM To CRAB PART
Of OPERA ALLEY.
Hyman Brothers Claim
13O Feet of Cul de Sac
Used as Ticket Line

house, is the SpO1lS or land jumpers
The eight-foot alleyway in which the
devotees of grand opera have stood in
day-long procession to purchase seats
is to be bone of harsn contention
Hyman Bros, in a suit to re-establish
title to their Third-street holding, are
attempting to absorb almost half Of
the alley.
When Mackay and Flood cut up the
block for sale in small pieces they
aimed to establish the alley for all
time, but 1T will now remain for the
courts to determine If those intentions
shall hold good.
Several methods are available to grab
an alley in the ruins of San Francisco
The clerical error is one way and de-
liberate land jumping is another. In
some instances people honestly try to
assert what they regard as a just claim
to a portion OF a thoroughfare- But,
no matter the method, The Cahs title
bureau maintains a close scrutiny of
all actions filed, and property owners
that they will be apprised of any at
tempt to steal a street or an alley that
affects their interests.
GROUND VERY VALUABLE.
Opera alley ran back from Mission
street on the east side of the Grand
Opera-house a distance of 275 feet. The
Hyman Brothers Company. consisting
of Morris Hyman. Joseph Hyman and
Michael Hyman, claims that tie prop
erty it owns on third street embraces
130 feet of the rear end of the alley
The alley is eight feet wide. and the
company is therefore asserting It's right
to 1040 square feet of ground in about
the most valuable part of the city.
The title suit in which advantage is
taken of the opportunity TO gobole up
nearly half of Opera alley was filed on
August 4. Henry ]. Rogers, who owns
a small piece of land on Stevenson
street that in part enjoys frontage on
the alleyway, had filled out the title
coupon and asked this paper to look
after his interests. The Call bureau
discovered the attempt of the Hyman
brothers to deprive him of the benefit
of Opera alley. Mr.. Rogers has been
notified and is now put on guard to
protect his property.
Opera alley has enjoyed a certain
dignity for many years and. afforded
approach to the rear entrances abut-
ting on it, including access to the stage
of the opera-house. 1t has also served
for the alleyway the .showhouse was
required to maintain as an avenue Of
escape in the event of fire. Popularity
Opera alley has enjoyed distinction be-
cause when there were heavy demands
on the seating capacity the ticket lines
were established there. running ser
pentinelike from the main entrance
down the alley and back again
CLAIM TITLE BY DEED.
The property of the Hyman Brothers
fronts 20 feet on Third street. but at
the rear it is 130 feet wide. They claim
title from a deed executed by their
father, now deceased, on March %. 1895.
In that instrument the alley is included
in the property conveyed 1t remains.
establish possession. and where they
are likely to fail in this lies in the fact
that they never paid taxes on the 1040
square feet of very valuable land they
now under oath declare is theirs.
The block books show that the alley
ran back as far as Rogers property,
and the Assessor has therefore not
charged up the HyInan family with the
$50 feet of alleyway. neat legal tan
gle is likely to result when the case
reaches trial.
The small piece of property that
Minerva Kellogg owns Ron Stevenson
street is also affected by the claim of
the Hymans. for the rear of IL abuts
in part on the alley. The person chiefly
concerned is James E. Walsh. who
owns the land on which the Grand
Opera House stood. The alley is. of
course. of much value.to him and he
will probably resist the claim of the
Hyrnan company with vigor. If their
contention is held valid. the alley will
be cut down from 275 feet to las feet
Furthermore, if the Hymans make good
their claim, the other owners of prop
erty abutting on the alley may do like
wise and close up the thoroughfare al
together
NO CLERICAL ERROR
The Hyman Brothers maintain that
they are merely basing their claim on
the record and do not plead clerical
error" Under the workings of the
McEnerney act any shadow OF a claim
scan be set forth and that many OF them
will be brought forward is strongly in
prospect. Clerical errors" are bound
to creep in and those connected with
title matters see much trouble ahead.
The Calls title bureau has discovered
one instance OF clerical error that did
not result to the advantage of the par
ty guilty of it. Mrs Sadie NJ Gardner
the widow of Dr. Gardner, in describ-
ing the property at Laurel and Clay
streets, to which she desires to have
title restored. claimed three inches less