Ferguson

The defendant is a mutual water company. The plaintiff brought this action to obtain an injunction restraining the defendant from making excavations and laying water-pipes through certain parcels of land alleged to belong to plaintiff. In addition to denying many allegations, of the complaint, the answer alleges as a separate defense: “That on June 16, 1910, a map entitled ‘Map of Waits Subdivision’ was filed in the office of the county recorder of Kern County by plaintiff; that the property set forth in plaintiff’s amended complaint is particularly set forth and described in said map as reserved for public use for whatever public purpose they are intended; and said mentioned property ... is set forth and designated on said map as streets and alleys respectively; that following the recordation of said map plaintiff made numerous conveyances of lots in said Waits Subdivision in which conveyances reference was made to the said map; . . . that since June 16, 1910, the property described in plaintiff’s amended complaint has been traveled over generally by the public and is now being generally traveled over by the public; that on the 24th day of February, 1920, the board of supervisors…