Kysor

This action is brought to' quiet title, and the city appeals. It is claimed that the tract of land involved is a public park and made so by dedication. The trial court, after hearing the evidence, made a finding of fact to the effect that there had never been a dedication of the land to public use, and this appeal is mainly directed to an attack upon that finding. The salient facts are briefly these:

The defendant was the owner of a large tract of land adjoining the city of Los Angeles. He entered into a contract to sell this land to the Yernon Street Railway Company. Under this contract the railway company took a joint possession of the property. This land was to be immediately subdivided into lots and *465 blocks and placed upon the market for sale. Thereafter, the parties filed a map of the tract in the recorder’s office, showing a subdivision thereof into blocks and lots and streets. The tract involved in this litigation was marked upon the map as “Central Park.” Thereafter the defendant and the railway company entered into a contract with Gillis and others, whereby they agreed to sell to Gillis et al. the tract marked “Central Park,” in consideration that said Gillis et al.…