Laserfiche WebLink
OFFICERS <br />RICHARD H. MSCARTHY, P-1-1 <br />JOHN P. MAXWELL Vic. PR 1-1 <br />HAR OLD E. McCARTHY. S. C RETARI <br />(OM11 N-Y <br />ASSETS 0A'Ki2 S 1,000,000.00 <br />IN BUSINESS CONTINUOUSLY SINCE 1861 <br />I -�T!�.avD FRAVISLiv STR FRTS <br />O.UiIAND , CALI F O R NIA <br />February 23, 1935 <br />Albert L. Poe, attorney at law, <br />Thomas Building, <br />San Leandro, California. <br />Dear Sir: <br />DIRECTORS <br />VICTOR H. METCALF JOHN P MAXWE LL <br />R. J. MSMULL EN JOHN F. HASSLER <br />R.H.CROSS W.J.MORTIMER <br />HERBERT W. ERSKINE W.F.KROLL <br />BENJ.R.AIKEN FF.PORTER <br />RICHARD H. M _ ARTHY <br />In answer to your inquiry if this company would <br />insure the title to the property conveyed to the City of <br />San Leandro by Henry Root by the deeds referred to in our <br />report No. 229396 in case the city erected thereon a city <br />hall, you are advised that we would not deem such title <br />insurable. <br />Reference to said deeds discloses the land was <br />a ;-lift upon condition that it be used only for a public <br />purpose, to -wait: a park or public playground and that no <br />buildings or other improvements be erected thereon except <br />such as are used exclusively for such purposes. <br />The books abound with authorities to the effect <br />that property dedicated to a particular public use carrot <br />be put to other public use inconsistent with the use of the <br />original dedication. An illustration of this rule is found <br />in Spires vs City of Los tingeles, 150 Cal 64. In Mulvey <br />vs. ' angenhein, 23 Cal. App. 268, the rule is carried further <br />wherein it is determined that such a violation of the trusts <br />upon which the land is held may be enjoined at the instance <br />of an abutting owner whose property will thereby be damaged. <br />ale are not unmindful of the rule that <br />of a part: is used for buildings or activities of <br />incidental to its use as a park, such use will be <br />law. but in Slavich vs Hamilton, 201 Cal. 299,at <br />"A use for a public purpose may be <br />if the area <br />any character <br />upheld by <br />page 306, <br />utterly <br />MEMBER OF AMERICAN ASSOCIATION OF TITLE MEN <br />AND CALIFORNIA LAND TITLE ASSOCIATION <br />