Forsyth v. Dunnagan

Citations

• 94 Cal. 438
• 29 P. 770

Syllabus

<p>Dedication of Highway — Offer not Accepted — Revocation. — Where the owners of a tract of land made and recorded a map of the tract, by which it was subdivided and laid out in streets and lots, and marked the location of the streets upon the ground, and united in a deed to the county by which they conveyed the roads so laid out, upon the express consideration that the county should “ accept, declare, duly establish, and use the same as public highways,” and the terms were never accepted or complied with until after the lapse of ten years and after the offer had been effectually revoked, a dedication of the land to the public as a highway is not shown.</p> <p>Id.—Opening of Road—Injunction Suit — Evidence.—In an action to enjoin the opening of a road, evidence of the value of vines planted upon the strip sought to be taken, as well as the value of the strip itself, is immaterial, and it is not error for the court to exclude such evidence.</p>