Burr

In 1847, Leavenworth, as alcalde of San Francisco, granted twenty-six one hundred vara lots in that portion of the pueblo which is called the Laguna survey. These lots were granted by reference *461 to a map kept in the alcalde’s office, on which they were designated by numbers. Upon this map there is delineated a space corresponding to a street, upon one side of which are located lots 4, 7, 9, and 21, and on the other side of which are located lots 3, 6, 12, and 22. The territory thus surveyed and mapped is situated west of Larkin street, and was disconnected with the other portion of the then town of San Francisco, and the open space between the two rows of lots aforenamed was not a prolongation of any of the streets then existing, nor did it intersect or connect with any of those streets. The present action is brought to have this space declared to be an open, public street.

This delineation upon the map created the easement of a right of way in favor of the grantees’ lots abutting thereon, and indicated an intention on the part of the town to dedicate the space as a highway, and a subsequent user thereof would have been regarded as an acceptance by the public sufficient to…