McCollum
City of Los Angeles v. McCollum
Opinion
Lead Opinion
Sloss, J.
Action by the city of Los Angeles to recover possession of a parcel of land claimed to be part of a public street. Judgment went for plaintiff, and four of the defendants appeal from the judgment and from an order denying their motion for a new trial.
The court finds that on June 27,1884, the defendant Elmira Hall, then the oxvner of a tract of land including the parcel in controversy, caused to be recorded a plat or map, in which said tract was divided into lots and blocks, and streets were laid out in connection with the plat for the use of prospective purchasers of said lots and blocks. By such recording, she offered to dedicate as public highways of the city of Los Angeles the streets shown upon the map. The strip of land in controversy was shoxvn upon the map as a public street and formed a continuation or extension of Johnston Street, a then public and accepted street of the city. The street was thereupon opened for public travel, and remained so until August, 1894. In December, 1890, the city council, by ordinance, accepted said street so offered to be dedicated as a public street. The offer to dedicate was never withdrawn or rescinded prior to August, 1894.