Schmitt

This is an action to quiet title to portion of block 226 Western Addition to San Francisco. The defendant claims that it has been dedicated to the public use as a street. Whether it has or not is the only question involved.

The defendant had judgment, and plaintiff appeals from the judgment and from the refusal of a new trial.

It appears from the findings that in 1855 one Thomas Hayes owned a large tract of land within the city of *303 San Francisco, called the Hayes tract. That in June, 1859, he caused the whole tract to be surveyed and subdivided into blocks and lots, extending through it the streets already existing in the city. A map was made by Hayes showing these streets, blocks, and lots, and indorsed “Map of the Hayes tract, lots and blocks according to the official survey by M. Hoadley.” Upon this map Hayes indorsed his certificate, which contained the following: “I, Thomas Hayes, proprieter of the land as herein subdivided within the dotted lines indicated by magnetic courses in red ink, hereby declare this map for all time to come to be unalterable, and have this day filed the same in the recorder’s office of the city and county of San Francisco for description and…