Gates

This is an action of ejectment to recover possession of two parcels of land situate in the city of Eureka, the first parcel described as one hundred and twenty feet long and sixty feet wide, and being that part of Tenth street which lies between I and J streets, and the second parcel described as one hundred and six feet long and twenty feet wide, and as being an alley..

The defendant answered the complaint, denying all its averments, and also filed a cross-complaint to which a demurrer was interposed and sustained.

When the cause came on for trial the attorneys for the respective parties stipulated as to the facts of the case, and the court adopted the stipulations and found the facts to be as therein stated. And as conclusions of law therefrom the court found; “1. That the land described in the complaint was dedicated to the public by the owner thereof and accepted by the city of Eureka as and for a street and alley, and the same now constitutes a part of a public street and alley in said city; 2. That plaintiff is entitled to recover possession of the property described in the complaint and to judgment for costs.”

Judgment was accordingly so entered, and from it the…