Clunie

This is an action of ejectment brought hy the city of Sacramento to recover the possession of certain lands •claimed to be public streets. The city’s right to recover is based upon an alleged dedication hy the owners to the public as streets. Defendant, and his grantors have been in the adverse and exclusive possession thereof, claiming title thereto, for more than forty years, and have erected improvements thereon to the value of at least twenty thousand dollars. The trial court found as a fact that the lands described in the complaint were never dedicated to public use, and rendered judgment against the city. The sufficiency of the evidence to support this finding is the main matter at issue here, and, under the peculiar circumstances of the case, as developed hy the foregoing facts, we will not disturb the finding of “no dedication” made hy the trial court, unless the pressure of the evidence upon us forces such result.

It is insisted that an equitable estoppel has arisen in the path of plaintiff to bar a recovery. And Los Angeles v. Cohn, 101 Cal. 373 , is relied upon to support the contention. While the conduct of the city in waiting forty years before bringing this *31…