Pleading—Complaint—Demurrer—Surplusage.—Where the complaint states a cause of action, the overruling of a demurrer pointed at mere matters of surplusage cannot constitute material error.

Action to Enforce Right of Wat as Appurtenant to Land—Findings— Immaterial Question of Dedication—Offer—Nonuser—Obstructions—Revocation.—In an action to enforce a right of way as appurtenant to the land of plaintiff over and across the lands of the defendant, and which was wrongfully obstructed by defendant, where the plaintiff recovered upon that ground, a further question as to an alleged dedication of the lands as a public highway is rendered immaterial by findings that defendant offered to dedicate the lands to the public as streets, and abandoned them, as such, to the public, but that the public never accepted the dedication, and had never used the lands, as highways; and, in such case, the placing of the obstructions upon the lands of which plaintiff complains constitutes a rightful revocation of the offer of dedication, and eliminates the question of dedication from the case.

Id.—Nature of Dedication — Relation to Public.—Dedication, in its strict legal sense, is a matter purely between the owner and the public, and there is no such thing as a dedication between the owner and individuals.

Id.-—Effect of Surveting and Selling Lots with Reference to Streets —Estoppel in Pais—Plat not Essential—Rights of Purchasers. The platting of a tract of land, recording the plat, and selling lots by reference to such plat, though sometimes called a dedication of the streets marked therein in favor of the purchasers, is not such in legal effect, where there is no perfected dedication thereof to public use, nor does such platting and selling of lots upon the streets operate directly as a grant of the streets to the purchasers; but their right therein is established by estoppel in pais of the vendor, preventing the practice of injustice by him; and the estoppel of the vendor is the same, though there is no plat of the survey, where lots are sold with reference to streets which are surveyed and marked upon the ground, and the purchasers are informed by the vendor that strips of land thus marked adjoining the lots purchased by them are streets, nor can the purchasers he deprived of the use of such adjoining streets by any subsequent act of the vendor.