79 Cal. 540 | Cal. | 1889
—Defendants are state harbor commissioners. Plaintiffs are owners (being seised of a term of years therein) of those certain premises in the city of San Francisco known generally as block 12 of South Beach water-lot property, lying between Channel Street on the southerly side, Berry Street on the northerly side, Third Street on the easterly side, and Fourth Street on the westerly side. Channel Street is an arm of the. bay of San Francisco running up from the open bay through a portion of the southern part of the city past and beyond the said block 12. It is covered by the waters of the bay; the tide ebbs and flows in it; it is navigable, and is used and navigated by vessels engaged in commerce; it has been dedicated to public use for purposes of navigation and commerce; and it is claimed by defendants to be of the width of two hundred feet up to a point beyond the said land of plaintiffs. By an act of the legislature approved March 26, 1868 (Stats. 1867-68, p. 355), it was declared that a canal 140 feet wide located in the middle of said Channel Street should forever remain open for purposes of drainage and navigation; and it is contended by defendants that there is thus left on each side of said 140-feet canal a strip thirty feet wide which is part of said Channel Street, and within their jurisdiction and
The land in controversy, together with large quantities of other land in that vicinity, originally belonged to the state of California, and were granted by the state to the city of San Francisco for the term of ninety-nine years, by an act of the legislature passed March 26, 1851, and. generally known as the water-lot act. It is admitted and found that the title of the city under said act to said block 12 passed to plaintiffs on December 30, 1852, through a deed to them of that date executed by one Lewis Peck, to whom the title had regularly come through sufficient conveyances. The court found that more than twenty years ago plaintiffs erected, and still maintain, upon said block, including said strip thirty feet in width, wharves and other structures for the loading and unloading of ships and vessels and the storage of merchandise, and “have continuously, for more than twenty years next before the commencement of this action, used and occupied the whole of said lot or parcel of land, including said strip thirty feet wide, for the purposes aforesaid, and still continue to so use and occupy the same.”
But the court found that while plaintiffs’ land, block 12, is 825 feet long from Third to Fourth Street,—the length claimed by plaintiffs,—it is only 245 feet wide from Berry to Channel Street, instead of 275 feet, as claimed by plaintiff's; and that as 245 feet southerly from Berry Street would not include any of the thirty-foot'
Plaintiffs contend, first, that this issue should have been found in their favor upon the evidence introduced, and upon the application of the true rules of construction to their title deeds; and secondly, that if the finding of the court on that point could be held as supported by the evidence at all, it could be so held only by taking it as based on evidence erroneously received and considered, against the objections and exceptions of plaintiffs.
If we construe plaintiffs’ deeds according to courses, distances, and quantities therein expressed, then the amount of land and its length and width are exactly as plaintiffs claim. The description in the deed to plaintiffs, dated December 30, 1852 (and the prior deeds were substantially the same), is as follows:—
“All those three certain one-hundred-vara water lots situated in the-city of San Francisco, and being subdivisions number one (No. 1), number two (No. 2), and number three (No. 3) of the block known on the official map of said city as number twelve (No. 12), South Beach water lots, bounded as follows, to wit:—
“Beginning at the point forming the southwesterly corner of Third and Berry streets, and running thence southwesterly on the line of Berry Street three hundred varas to Fourth Street, thence southeasterly along the line of Fourth Street one hundred varas, thence northeasterly at right angles along Channel Street three hundred varas, and thence northwesterly along the line of Third Street one hundredvaras to the place of beginning.” Three one-hundred-vara lots would include a piece of land 825 feet long (the length claimed by plaintiffs and found by the court) and 275 feet wide (the width claimed by plaintiffs). Moreover, the further descriptions of
Plaintiffs received their deed and acquired their title, as before stated, in December, 1852. At that time there was a map of the city certified and indorsed by the mayor and city surveyor, in accordance with the requirement of section 5 of said act of March 26, 1851, by which the land in question was granted by the state to the city. This was called the Eddy or Red Line map; and being thus recognized by the state and city, and in existence at and before the time when the deed
For the foregoing reasons, the judgment must be re
1. Appellants contend that by said act of March 26, 1851, the state conveyed all the premises in question here, including the whole of Channel Street, to the city; and that therefore neither the state nor the state harbor commissioners have any jurisdiction or control over them. But it was held by this court in People v. Williams, 64 Cal. 498, that by said act the state did not surrender control over the navigable waters of the bay, of which Channel Street is a part. We do not desire to disturb the ruling in that case, and therefore this contention of appellants must be determined against them. (It may be remarked that the point as above stated was about all that was determined in People v. Williams.)
2. Respondents contend that an injunction would not lie in this case under any alleged state of facts, because the code provides that “an injunction cannot be granted to prevent the execution of a public statute by officers of the law for the public benefit.” (Civ. Code, sec. 3423.) But there is no public statute, or other law, which authorized defendants to take plaintiffs’ land, at least without proceedings under the power of eminent domain.
We perceive in the record no other matter of importance necessary to be noticed.
Judgment and order appealed from reversed, and a new trial ordered.
Thornton, J., Works, J., Paterson, J., Sharpstein, J., and Beatty, C. J., concurred.
Rehearing denied.