Oreña

This is an action to quiet title to a strip of land about sixteen feet wide, claimed by plaintiff to be a part of block 268 in the city of Santa Barbara, and by the defendant to constitute a portion of Gutierrez Street.

In 1851 the city of Santa Barbara, being the proprietor of the ungranted lands within its limits, contracted with Haley for a map of the city, and for a survey and division into blocks and streets of a certain portion of the lands. ■ Haley agreed to divide the city into squares of 150 yards by streets sixty feet wide, and “to mark each angle of said squares with substantial redwood stakes eighteen inches long, not less than two inches in diameter, and *626 to sink said stakes into the ground sixteen inches; to make an accurate map of said streets and squares,” etc.

March 1, 1851, Haley reported “that the city was now surveyed in the manner pointed out in the contract.” The report did not contain field-notes, or state the initial point or base-line, or that any had been established.

In November, 1852, the city employed Wackenreuder to make certain surveys and maps, which were reported April 22, 1853, with two maps marked 1 and 2. These maps were, by ordinance…