Smith v. Smith

The action was one to restrain the defendant from obstructing an alleyway and for a mandatory order requiring the removal of the obstructions placed therein by defendant. Findings and judgment for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

The facts found by the court and supported by the uncontradicted evidence are: In 1886, one Safford was the owner of a tract of land in Los Angeles City; that thereafter he subdivided said tract into lots and sold the same to various parties, representing to each at the time of the sale that a strip of ground eighteen feet in width, extending through said tract' and upon which all of the lots so sold abutted, was an alleyway laid out for the use and benefit of said abutting owners. The record shows that Safford at the time of the respective sales showed to the purchasers a map upon which was delineated this alleyway. The purchasers used the said alley way as a means of ingress and egress to the property, as did the general public, for more than five years. Thereafter, in 1887, Safford undertook by a deed to convey to some of the parties, owners of the abutting lots, the strip so used as an alley.…