Dunn
Dunn v. Long Beach Land & Water Co.
Opinion
Lead Opinion
McFarland, J.
A demurrer to the complaint was sustained in the court below and judgment entered for defendants, and plaintiff appeals from the judgment.
The subject-matter of this action is certain premises *607 constituting a street or passageway called Ocean Park avenue. The purpose of the action is to enjoin the defendants from making any claim to said premises under a certain judgment of the superior court entered on the 10th of March, 1889, in an action entitled Long Beach Land and Water Company, Plaintiff, v. City of Long Beach, Defendant, numbered 10455, and to have said judgment canceled; to have said premises decreed to be the property of the public, held by the city of Long Beach in trust for the public, and to have the title of said city to said premises quieted; to have it adjudged that neither of said defendants other than the city has any right, title, or interest in or to any portion of said premises; and to ehjoin said defendants other than said city from asserting any claim whatever to said premises, or any part thereof, adverse to the city of Long Beach or this plaintiff.
The plaintiff brings this suit entirely in his capacity as a resident of, and a property owner and…