Croghan

This is an action of ejectment, brought by the city of Eureka to recover from the defendant a piece of land which it is claimed is a street of said city. The principal point made by the defendant for the reversal of the judgment and order refusing a new trial is that the findings are not supported by the evidence. It is claimed that the dedication was not attempted to be made, and, if attempted, was revoked, and after revocation was never formally accepted by the city. The case of Hayward v. Manzer, 70 Cal. 476 , 13 Pac. 141 , cited by the appellant as being in favor of his contention here, is not in point. The facts in that case were materially different from those involved here. The language of the judge below, in reviewing the facts showing a dedication of the land in controversy here as a street, is so decisive that we quote and adopt it: “The question to be decided in this case is whether or not the land described in the complaint has been dedicated to public use as a street. (1) On April 7, 1870, John Cushing, who was then the owner of the land in controversy, together with other land, executed to one Leary a deed of land thus described : ‘ Commencing at a point distant, in…