Dorrian

This is an appeal from a judgment in favor of defendant and respondent, the City and County of San Francisco, in an action brought by plaintiff and appellant Mary Keenan Dorrian to quiet title to and recover damages for withholding possession of certain lands in San Francisco, which land was formerly a public street known as Ash Street.

Ash Street was near the center of the block of land in San Francisco now occupied by the city hall, having run parallel to McAllister and Faltón Streets between Polk Street and Van Ness Avenue. The street was 35 feet wide and 384 feet in length. The record does not disclose when this property was first used as a public street. It was conceded that Ash Street came into existence as a public street by use and not by dedication or action on the part of municipal authorities. It was recognized as a public street at least as early as 1858 in conveyances covering property adjacent thereto and was apparently used and recognized as a public street until 1913.

Although the action was not brought to trial until 1924, the complaint was filed in 1918. The statute of limitations was not pleaded, as the action was commenced within five years after the formal…