City of Eureka v. Gates

Citations

• 120 Cal. 54
• 52 P. 125
• 1898 Cal. LEXIS 709

Syllabus

<p>Dedication of Street and Alley—Ejectment by Municipal Corporation —Ownership of Fee Immaterial.—If the owner of the fee has dedicated a street and alley to public use, and the dedication has been accepted by the city in which the street and alley are situated, such city may maintain ejectment to recover possession thereof as against the owner of the fee, though' the city may claim only an easement in the street and alley for public use.</p> <p>Id.—Gross-complaint—Parties — Reformation of Boundaries in Deeds— Striking Out Reference to Street and Alley.—Where it was claimed in an action of ejectment by the city that the defendant had dedicated a street and alley to public uses by description of boundaries in two conveyances made by the defendant, the defendant is entitled to file a cross-complaint, and to bring in as new parties each of the grantees named in such deeds, and to seek a reformation thereof so as to strike therefrom recitals referring to such street or alley.</p> <p>Id.—Bringing in New Parties.—Where new parties are necessary for the determination of the issues raised by a cross-complaint, they may and should be brought in.</p> <p>Td.—Union of Causes—Reformation of Two Conveyances—Response to Plaintiff’s Cause of Action.—A cross-complaint may be filed where the defendants seek affirmative relief affecting the property to •which the cause of action relates; and where the action was to recover possession of two separate parcels of land comprising a street and alley, and the affirmative relief sought by the defendant related to and affected each of these parcels of land, the defendant is entitled to interpose, by way of answer and cross-complaint, any defense as to either or both of the parcels, and to ask any affirmative relief necessary and proper for such defense; and may seek the reformation of two separate and distinct conveyances upon which plaintiff .relies as indicating a dedication of such street and alley.</p>