Archer

Action to quiet title to a block of land in Salinas City. Judgment was rendered for the defendant, upon the ground that the land in question had been dedicated for use as a public park. From this judgment and an order denying a new trial the plaintiff has appealed.

The land in question is a portion of a larger tract of *48 about two hundred acres within the limits of Salinas City, of which the plaintiff was the owner on January 15, 1874, when he conveyed the same in fee to W. H. Stone for the sum of twenty-five thousand dollars, and received from him five thousand dollars in money, and a mortgage on the same property to secure the remaining twenty thousand dollars. This mortgage was renewed in 1878, and on December 24, 1880, Stone re-conveyed a portion of the tract, including the block in question, in satisfaction of the mortgage debt and other obligations of his to the plaintiff.

In July, 1874, Stone caused the tract to be surveyed and subdivided into blocks with streets connecting with other streets that had been laid out in Salinas City, marking the blocks with stakes set in the ground, and on the 12th of March, 1875, filed in the recorder’s office of Monterey County a map of…