Fitzgerald

Action to restrain defendants from obstructing or interfering with the use by plaintiffs of a certain strip of land, claimed to be a public highway; to remove obstructions thereon and to establish a right of way over and across the same.

The strip of land in dispute is described as that certain roadway known and designated as Delmas Avenue as delineated upon a certain map entitled “Map of I. J. Truman’s Subdivision No. 2 near Mountain View, California.” On September 12, 1904, defendants’ predecessor in interest, I. J. Truman, recorded this map, which shows Delmas Avenue as a twenty-foot roadway. The certificate attached thereto recites that the streets, roads, and alleys as shown thereon are dedicated to the use of the public forever. Plaintiffs are the owners of certain lots in what is known as the Wright and Gibson Tract, the westerly boundary of which tract is the easterly line of Delmas Avenue as is shown on the Truman map. The Wright and Gibson Tract was carved out of the Truman subdivision. Defendants are the owners of certain lots fronting on the westerly side of Delmas Avenue directly opposite the lands owned by plaintiff. Fremont Avenue is a main thoroughfare which forms…