City of Eureka v. Fay

Citations

• 107 Cal. 166
• 40 P. 235
• 1895 Cal. LEXIS 729

Syllabus

<p>Dedication op Street—Unauthorized Map—Finding Against Evidence.—Where a survey and map of an addition to a city, showing public streets, included a tract of land owned by one who had no connection with, and did not authorize, the survey or map, and who protested against the map, and prevented the recording of it, a finding that he dedicated, or offered to dedicate, any part of a street designated thereon, and extending through his land, is against the evidence, notwithstanding the fact that in two conveyances of portions of his land he referred to the unrecorded map for a description of the lots conveyed, neither of which adjoined or referred to the street.</p> <p>Id.—Effect of Reference to Map—Evidence—Intention to Dedicate.—The reference to the unrecorded map for the mere purpose of describing lots sold by the owner who had not authorized the map, while expressly repudiating it for all other purposes, and preventing the recordation thereof, has no tendency to prove that he intended to dedicate to the public any part of a street defined on such map, not adjacent to the lots sold, nor referred to in the description thereof.</p> <p>Id.—Estoppel—Acceptance of Streets by Ordinance.—The acceptance by a general ordinance of all offers to dedicate streets not passed in reliance upon any representation by word or act of the owner of the land in question, and not referring nor applying to that land by description, cannot estop the owner from claiming his ownership of the land which he had not offered or intended to dedicate before the passage of the ordinance, merely because he had described lots by reference to an unrecorded map of which the city had no .constructive notice at the date of the ordinance.</p> <p>Id.—Evidence—Dedication by Owner — Conveyance by Administrator—Acquiescence in Dedication—Parties.—In an action by a city to recover a portion of land claimed to have been dedicated as a street, where the evidence shows that a portion of the land was dedicated as