Swift

Appeal from an order denying an application for a writ to review the action of the board of supervisors of Santa Barbara county in abandoning a public road without notice to the owners of property abutting thereon.

Pepper lane was, and for a number of years had been, a public highway extending from the east line of Sycamore Canyon road in a northeasterly direction to the west line of Hot Springs avenue. Petitioners were the owners of the land on the south side of Pepper lane, the lands of one fronting and abutting on Sycamore Canyon road and that of the other fronting and abutting on Hot Springs avenue. Swift’s ownership of the fee extended to the center of Pepper lane, from which he had an entrance to his property. Faulkner did not own any part of the fee in said land and maintained no entrance from said highway to her premises. On Saturday, the second day of October, 1909, a petition sufficient in form and substance as provided by section 2681, Political Code, and signed by more than ten freeholders, was filed with the clerk of the board of supervisors, praying for an order whereby the road known as Pepper lane should be vacated and abandoned. On the following Monday, October…