Keller

This is an appeal by the plaintiffs from a judgment against them, after the demurrers of the defendants to the complaint had been sustained. Plaintiffs declined to amend and judgment was entered against them. The complaint alleges that the plaintiffs “are the owners in fee of all that certain piece or parcel of land situate in the said City of Oakland, County of Alameda, State of California, lying between the northwestern curb line of that certain public street in said city known as ‘Fairmount Avenue’ and the southeastern line of that certain public street in said city known as ‘Piedmont Avenue, ’ and between the northeastern and southwestern property lines of what is now known as ‘Rio Vista Avenue.’ ” Plaintiffs claim title as the heirs at law of Patrick J. Keller, deceased, and it is alleged that “at the time of the death of said Patrick J. Keller, the said piece or parcel of land was subject to an easement over the same as a public street of the City of Oakland.”

It is further alleged that on the sixth day of June, 1917, the city council passed and adopted an ordinance of said city numbered 1202 (N. S.), which ordinance is set out in haec vería in the complaint. It is entitled…