Gross

This is an action to quiet title to a strip of beach land in the town of La Jolla which the City of San Diego claimed had been dedicated by the owner, and accepted by the city, as a public way. Judgment was ren dered in favor of the city, and plaintiff has taken this appeal therefrom.

In 1900, Kate Maxwell was the owner of a parcel of real property in the northerly portion of Pueblo Lot Number 1260 in the City of San Diego, shown on a map of La Jolla Beach. This map was prepared for her, approved by her and recorded at her request on April 28, 1903. It divided the real estate into lots and blocks and several named streets and unnamed alleys. It was approved by the board of public works of the City of San Diego and bears the following certificate:

Blocks four and five form the westerly portion of the subdivided property. On the extreme westerly portion of the map appears what is designated as the Pacific Ocean, with what we assume to be the line of the mean high tide delineated by waving lines drawn generally parallel to and between about twenty and twenty-six feet westerly from the westerly lines of blocks four and five. As the land between the line of the mean high tide and the…