Spaulding

Action to. recover a street assessment upon certain land in San Francisco. Judgment was rendered in favor of the plaintiff, and the defendants have appealed. One of the defenses to the suit is that at the time the resolution ordering the work was adopted by the board of supervisors, the street therein described had never been dedicated to public use, and was not a public street, but was held in private ownership. The resolution ordering the work to be done was passed August 13, 1877, and provided for grading Union street from Larkin street to the "westerly line of Franklin street. The court found that at that date the board of supervisors had acquired jurisdiction to order said work and the whole of it to be done; This finding is attacked by the appellant upon the ground that it is not supported by the evidence.

Union street, between Larkin and Franklin streets, is situated in that portion of San Francisco which is embraced within what is known as the Laguna survey. In *443 1848, Leavenworth, then alcalde of the town of San Francisco, made grants of several hundred-vara lots in the vicinity of the Lagoon, and the tract covered by these grants has since been called the Laguna…