Niles

This action was brought by appellants to restrain the respondents from entering upon, taking possession of, and removing trees, fences, and improvements from the real estate described in the complaint. The respondents in their answer claimed that a certain part of the land described in the complaint, about thirty feet wide off the eastern side thereof running north and south, bounded on the northern end by Washington street, on the south by Parcel’s subdivision of the John Thomas tract, and on the east by a line formerly the west line of the lands of Reed and Snodgrass, constituted a part of a public street, to wit, Trinity street, in the city of Los Angeles.

Findings were filed and judgment rendered in favor of the respondents as to the lands described in the answer. A motion was made for a new trial and denied, and this appeal is from the judgment and order. The findings and conclusions of the lower court were as follows:

It is contended that the evidence does not sustain the findings, and that the findings do not justify the conclusions of law, and we think both contentions will have to be sustained. The stipulation contained in the statement on motion for a new trial shows…