Lindsay

Plaintiff, Robert J. Lindsay, brought this action against the City of Los Angeles to establish the boundaries of certain property owned by him in the City of Los Angeles, and also for damages for an alleged trespass thereon.

The ease was tried by the court sitting without a jury, and judgment was entered in favor of the defendant, City of Los Angeles. From this judgment the plaintiff prosecutes this appeal.

The plaintiff and appellant is the owner of certain real property in the City of Los Angeles particularly described as lots 10 and 11 of “Fellowship Heights Tract No. 2,” according to the official map of said tract, recorded in the office of the county recorder of Los Angeles County. On September 24, 1906, the city council of the City of Los Angeles accepted and approved a map of said “Fellowship Heights Tract No. 2,” which showed thereon certain streets, including one known as “Fellowship Park Way.” This street is ten feet wide and was dedicated for public use according to said official map and accepted by the City of Los Angeles on or about September 25, 1906.

The controversy in this action is over the northerly boundary line of “Fellowship Park Way,” which is also the…