Burk

Mary N. Burk sued to quiet title to a tract of land situated in the city of Santa Cruz. The defendant, the city of Santa Cruz, asserted that “it was the owner and entitled to a right of way for street and sewer purposes' over those certain public streets” delineated upon the map known as Garfield Park No. 1, filed June 7, 1890, and named Bethany Circle, Walk Circle, and Raymond Circle. Further, defendant “avers the fact to be that the said streets herein-above mentioned have been dedicated as public streets by said defendant and that the same have been accepted by the city of Santa Cruz and have been at all times since said dedication and acceptance used and traveled as public streets by the public in general.” Judgment passed for defendant, and from that judgment and from the order denying her motion for a new trial plaintiff appeals. Plaintiff has since died and her personal representative, Charles L. McFarland, has been substituted as plaintiff. The court found that plaintiff owned the land described in her complaint, but further found that the streets named in defendant’s answer “have been dedicated as public streets by said defendant and that the same have been accepted by…