Noble

Plaintiff’s second amended complaint seeks to establish her right to an easement for ingress and egress over a strip of land 10 feet wide. Her first cause of action prays that title be quieted in her as owner of the dominant tenement. The second count alleges that she is a taxpayer of defendant City of St. Helena, and seeks a declaration that the city holds the easement in trust for the use of the public. Demurrers of all defendants to each cause of action were sustained without leave to amend. Plaintiff appeals.

It is undisputed that an alley at least 10 feet in width was dedicated in 1883, and that an alley 10 feet in width remains in use. The several pleadings in this and related actions, however, leave uncertainty as to whether plaintiff claims the original dedication was of a 20-foot strip, or asserts dedication of a 10-foot strip and rights in an additional 10 feet by adverse use.

In any event, she alleges that the 10 feet here in issue are claimed by defendant bank and defendant corporation, who have constructed improvements obstructing it. It appears that these defendants claim under deed from defendant city.

We have concluded that the first cause of action is barred by…