Langenberger
City of Anaheim v. Langenberger
Opinion
Lead Opinion
Garoutte, J.
—This action is brought to quiet the title-to a certain tract of land situated within the limits of the city of Anaheim. Plaintiff appeals from the judgment and order denying its motion for a new trial.
Defendant’s predecessor in interest platted a certain tract of land within the limits of the city of Anaheim, by dividing it into lots, blocks, etc., and filed the plat or map thereof in the office of the county recorder of the county. Thereafter he sold a number of lots to various parties, describing them by reference to the aforesaid recorded plat. This defendant, his successor in interest, likewise sold various lots. According to -this plat, a certain tract is marked thereon as a plaza, and a portion of this plaza tract is the land involved in the present litigation, the plaintiff claiming that it was dedicated to the public as a park, or plaza, by the owner thereof. The trial court decided-that there was no dedication to the public, and thereupon rendered judgment against the city.
In the briefs filed by the city it is declared: “The contention' of plaintiff is,.that the proprietors of said lands, in making the map and plat, and in placing the same as a public record of-the…