Howland

This is an action of ejectment. The main question involved in the issues is, whether the lands *86 in controversy have ever been dedicated for the use of the public as a levee and street. The court found*, from the evidence, that the property was dedicated to public use by the owners thereof about the yéar 1850, and that ever since said dedication the land has, by direction of the owners of the fee thereof, been designated and represented on the maps of the city of Napa as public streets and levees; that the public used the same exclusively until March 1, 1875, when defendant, without authority or right, ousted plaintiff therefrom, and has ever since wrongfully held exclusive possession of the property. The plaintiff had judgment against defendant for the possession of the lands, but the defendant was permitted to remove his warehouses and fences.

1. The evidence on behalf of the plaintiff is ample to support the finding as to dedication.

2. The court found (finding 2) that the land had been dedicated by the owners, Coombs and others. This was the ultimate and essential fact; and the subsequent finding, that the land, by direction of the owners, had, after such dedication, been…