Fay
City of Eureka v. Fay
Opinion
lead Opinion
Vanclief, J.
The plaintiff, a muncipal corporation, brought this action to recover possession of a strip *168 of land alleged to be a portion of Sixth street in said city. The cause was tried by a jury, whose verdict was in favor of plaintiff, and judgment was rendered thereon. The defendants have appealed from the judgment.
The plaintiff claims title to the demanded premises by dedication, partly from Charles Raymond and partly from Richard Duff; while defendants claim the whole premises by conveyance from Charles Raymond; and the principal and controlling questions relate to the sufficiency of the alleged dedications.
1. In October, 1864, Raymond owned a lot of land adjoining the town of Eureka, containing about twelve acres, and on the twentieth day of that month conveyed to Charles Duff two distinct parcels thereof, and retaining a strip between these parcels of eighty feet in width; and on January 30, 1872, Charles Duff conveyed these two parcels to Richard Duff. Some time in 1873, while the two parcels and Raymond’s strip were inclosed as one tract, Richard Duff procured the whole to be surveyed and divided into blocks and lots as an addition to the city of Eureka, and a map thereof to…