Forsyth

This is an action to enjoin the defendants— the members of the board of supervisors and a district road-master of Fresno County— from opening a road through the land of the plaintiff.

By the judgment of the superior court a temporary injunction was made perpetual, and defendants appeal from the judgment, and from the order denying their motion for a new trial.

There is but little controversy as to the facts of the case. It appears that in the year 1878, F. Roeding was the owner of section 32 of a certain township in Fresno County. In conjunction with the owners of the adjoining sections, 31 and 32, he caused to be made and recorded a map of the entire tract, by which it was subdivided into twenty-acre lots, with streets and roads extending through it north and south, and east and west. On this plat or map so recorded, the tract was designated as the “ Nevada Colony,” and the design was to sell the lots to settlers. Besides marking and recording the map, the owners caused ditches to be dug on each side of the *440 streets as surveyed, thus marking their location on the ground, and in January, 1879, they united in a deed to the county of Fresno, by which they conveyed the roads so…