People v. Hibernia Savings & Loan Society

Citations

• 84 Cal. 634
• 24 P. 295
• 1890 Cal. LEXIS 855

Syllabus

<p>Dedication of Avenue — Recorded Map—Acceptance—Public User. — When it appears that the owner of land made and recorded a map, upon which he declared his written intention to make all sales and conveyances according thereto, and upon which he indicated an avenue, which he thereafter threw open to the public, by fences constructed on each side thereof, and which was continuously thereafter used by the general public as a public highway, and afterwards indicated upon official maps, approved and adopted by the supervisors, a dedication of such avenue as a public street is clearly established.</p> <p>Id.-—Revocation — Deed Omitting Avenue.—The mere omission of an avenue which the grantor had dedicated to public use, in giving the boundaries of a block in a deed of certain city lots situated in such block, the description of the boundaries of the block not being necessary to a description of the lots, does not constitute a revocation of the dedication. Id. — Omission from Prior Official Map — Subsequent Act of Legislature — Rejection of Highway. — The omission of such avenue from a prior official map, which had been made and approved by the city authorities several years before the dedication of the avenue by tile owner of the land, cannot be material upon the question of such dedication; nor can the subsequent legislative recognition of such official map, after the date of the dedication, be construed as a rejection or discontinuance of the avenuetis a public highway.</p>