Myers

This is an action to quiet title to one-half of a block of land in the city of Oceanside, county of San Diego, claimed by the defendant to have been dedicated as a public park by one Andrew J. Myers, the original owner by United States patent, and predecessor in title to the plaintiffs.

Judgment was for plaintiffs, and defendant appeals from the judgment and an order of the superior court denying its motion for a new trial.

The findings of the court were affirmative of the allegations of the complaint, which was in the usual form of a complaint to quiet title. The case made by the city is unlike that usually presented to show a dedication. The evidence establishes no express dedication, discloses no filing of a map displaying a park delineated thereon, and fails to show that any survey or location of the boundaries was ever made by the city. No permanent improvements were ever made upon the property to indicate that it was a public park, and it stands (according to the testimony of some of the witnesses), just as it has since 1883, all open, uninclosed, and crossed in various directions by teamsters at their pleasure, and in all respects the same as other unoccupied, unimproved…