Kennard

In this action the School District, the plaintiff, obtained an interlocutory decree condemning for public use certain property, which it alleged was already subject to an easement for road purposes. It was the contention of the appellants and defendants on the trial that the property was not already subject to an easement for public purposes. But the trial court found against the defendants on this question and awarded damages on that basis.

On October 31, 1894, a map known as Maltman’s First Street Addition was recorded by the owner in the county recorder’s office, showing Park Drive platted thereon. Park Drive included the parcel of land in question. At that time the property was outside the city, but it was annexed on April 2, 1896.

On February 15, 1897, an ordinance was adopted by the city changing the name from Park Drive to Juanita Street. Again, on December 27, 1897, it changed the name to Juanita Avenue. On December 30, 1899, the owner recognized the street under its new designation by conveying certain property, describing one of the boundaries as “the center line of Juanita Avenue, formerly Park Drive, as shown on the map” above described. And on October 7, 1901, the…