Currier

This is an action to restrain the defendants from obstructing an alley or private way, and from taking or holding possession thereof, excavating therein, or erecting buildings thereon, etc., and to recover damages for injury thereto.

The cause was tried by the court without the intervention of a jury, written findings filed, and judgment rendered thereon in favor of the plaintiff for ten dollars, as damages, and enjoining the defendants as prayed for in the complaint.

The defendants appeal from the final judgment, and support their appeal by a bill of exceptions.

In 1866 George O. Tiffany was the owner in fee and possessed of certain land in Los Angeles, bounded on the north by Third street, on the east by Spring street, and on the west by Fort street, now known as Broadway, which land he subdivided and sold in lots to sundry persons.

Either for his own convenience, or to enhance the price of lots, or from some other cause, said Tiffany laid out an alley, ten feet in width, from Fort street, running east and extending either to the rear of lot 13, or across the entire rear of lot 13, where it terminates in a cul de sac; in other words, it is a blind alley open at one end…