Casserly

Plaintiff brought an action to quiet her title to one thirty-sixth interest in two blocks of land in the city of Oakland. The defendant set forth its claim of title, and pleaded special defenses of the statute of limitations, adverse possession, dedication of the property to the town of Oakland, estoppel in pais, and laches. Judgment was in favor of the county of Alameda, and plaintiff appeals.

The land in controversy was originally a part of the Rancho San Antonio granted by Spain to Luis Peralta. Through the Peraltas, Eugene Casserly (through whom plaintiff claims as devisee), John C. Hays, Joseph K. Irving, and others obtained title. The lands in controversy were two blocks in the town of Oakland as laid off on Kellersberger’s map thereof. Casserly, Irving, Hays, and others as tenants in common of these lands effected by agreement a partition thereof. They adopted Kellersberger’s map of the town of Oakland as a part of the confirmatory deeds which they exchanged. In dividing the land as shown upon this map they drew the blocks by lot. The blocks on Kellersberger’s map were numbered, saving certain ones which were designated as public parks or squares. The blocks in controversy…