Weber

This action is brought by the city of Stockton to quiet title to “block 237 east of Center Street” in said city, which prior to 1872 was outside the city limits. The complaint alleges that prior to 1860, Charles M. Weber was the owner of the block in question, and dedicated it to the public as a cemetery, and that such dedication was accepted by the public prior to that year.

The fourth paragraph of the complaint is as follows: “That on the twelfth day of May, 1880, said Charles M. Weber, by a deed signed, sealed, and acknowledged by him and by him delivered to plaintiff, sold, granted, bargained, and conveyed to plaintiff said block No. 237, to be preserved and kept as an ornamental square and for the erection of public buildings thereon, and ever since the said delivery of said deed plaintiff has been and now is the owner in fee of said block No. 237, subject to the use thereof as a public cemetery aud to be kept by *436 plaintiff as an ornamental square and for the erection of public buildings thereon.”

Charles M. Weber died in 1881, and respondents, his widow and heirs, claim title in fee.

The answer sets out the deed mentioned in the complaint. It is a bargain and sale…