Grote

This is an action in ejectment, brought by the city and county of San Francisco against Ellen Grote to recover the possession, for street purposes, of a small strip of land alleged to be a portion of a public street, dedicated to the public as such. Said alleged street is known as " Garden avenue,” and extends through a single block from Devisadero street to Broderick street, between Geary and Post streets, and its alleged width is twenty-five feet. Defendant ’s lot lies next to Broderick street, with its front on Geary, and has a depth of one hundred thirty-seven and one-half feet, and the demanded premises consists of a strip twelve and one-half feet wide across the rear end of her lot, and which, plaintiff contends, forms part of said street or avenue. *613 The action was tried hy the court without a jury, and findings and judgment were for the plaintiff. The defendant appeals from the judgment, and the facts are brought up by a bill of exceptions.

The record presents three questions: (1) Does the evidence show a dedication of the strip of land in dispute to the use of the public for street purposes? (2) If there was such dedication, was there an abandonment of that portion of…