Hellman

This action was commenced by the plaintiff against the city of Los Angeles to quiet title to a certain lot of land at the northeast corner of Spring and Fourth streets in the said city. The city filed a cross-complaint alleging that the appellant, Roaz Duncan, and other parties, all of whom were subsequently brought in and made parties to the action, owned lots along and fronting on Fourth street, on both sides thereof, between Spring and Main streets, and that all these lotowners, including the plaintiff, had “so encroached upon Fourth street, both upon the north and upon the south, that the width of said Fourth street, as it now exists upon the ground between the fences and other improvements of said parties, is considerable less than sixty feet.” The cross-complaint also sets forth that in 1849 a survey and map of said city was made, known as Ord’s survey, which was adopted as the official map of said city, and which shows Fourth street to have a uniform width of sixty feet. The principal relief prayed for in the cross-complaint is that the lines of Fourth' street be determined, and that the claims adverse to the use of Fourth street as a public street of said city be forever…