Sperry

By this action plaintiff seeks to have a strip of land extending northerly and southerly across what is called Spend's Addition to the city of Stockton declared to be a public highway, and to remove obstructions therefrom. Judgment passed for the defendants, and from this judgment and from the order denying a new trial plaintiff appeals.

The determinative question in the case is whether the evidence supports the findings of the court against the alleged dedication.

Sperry’s Addition was suburban land adjacent to, but not within the corporate limits of the city of Stockton. In 1891, or in 1892, a plat was made of these lands, upon which they were subdivided into lots and blocks; streets were thereon indicated and named. The street in question was designated El Dorado street. It extended from North street, the northerly boundary oí the city of Stockton, to the farther limits of the tract. Thereafter some few lots were sold under descriptions referring to this plat. The map, however, was never placed on record, and during all of this time the land was enclosed with a substantial fence. Later, however, for the convenience of the purchasers of lots, the fence at the intersection .of…