Langenberger

City of Anaheim v. Langenberger

Good Law
134 Cal. 608·1901 Cal. LEXIS 833·66 P. 855
Supreme Court of CaliforniaNovember 29, 1901L.A. No. 988.California1,090 words

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…

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