Los Angeles Cemetery Ass'n v. City of Los Angeles

This action was brought to quiet title to a strip of land in the city of Los Angeles.

*422 The plaintiff, a corporation formed for cemetery purposes, owned about seventy acres of land in the city aforesaid, which included that in controversy here. Its board of directors passed a resolution which ran thus: —

The president of the corporation, A. H. Judson, on the 7th of September, 1885, made a conveyance of the land described in the resolution to the defendant, which, after describing the land, reads thus: “ Said piece of land being for the purpose of a street or highway; and in the event of its ceasing to be used as such public street or highway, the said land to revert to the said corporation grantor. Grantor reserving the right to remove the fence on said land at any time within six months from the date of the acceptance of this deed.”

The defendant, in pursuance of the resolution, removed the fence, and within a very short time after the 7th of September, 1885, the strip of land began to be and has been ever since used for public travel, and in the year 1887 the defendant, by its proper- officers, changed the name of this strip of land from Aliso Avenue Extension to First…