Welsh

The plaintiff brought this suit under section 738 of the Code of Civil Procedure, having in view the quieting of his alleged title to a wagon-road in Plumas County, as against the adverse claim of that county. The court below sustained a demurrer to the complaint filed, and gave judgment thereon for the defendant. Upon an appeal being taken by the plaintiff to this court, the judgment was reversed. ( 80 Cal. 338 .)

In that case the acceptance of the franchise as tendered by the act of the legislature, under which the plaintiff claimed the title to the wagon-road, was conceded by the demurrer. But in the present instance the case was tried upon its merits, and the findings of facts, which we think are amply sustained by the evidence, show that there never was any acceptance of the franchise as tendered by the legislative enactment, under which alone the road could be acquired by the plaintiff through his grantor.

*369 The title of the act in question is: “An act to authorize the construction of a wagon-road from the Cold Spring House, in Butte County, to Greenville, in Plumas County.” The object had in view in the act must have been the construction of a wagon-road between those…