Reed

This action was brought by the people on the relation of the mayor of the city of San José against the appellants, to declare a certain strip of land to be a public street of said city, to compel the appellants to remove certain buildings therefrom, and to enjoin them from maintaining said obstructions, and from setting up any claim of right to maintain the same thereon.

There was a judgment in favor of the plaintiff in the court below, and the defendants have appealed on the judgment roll.

The sole question in the case is, whether this strip of land had or had not been dedicated by the defendants, or either of them, to the public as a highway, and this question we are called upon to determine from the facts as they appear in the findings.

On this question the court finds:—

*72 So much of the map as includes the lands referred to in said findings as being included within the red and blue lines is as follows:—

The whole length of Divine Street, as delineated on the map, appears on the part we have set out. The .particular part of said street sought by this action to be opened lies between blocks VI. and VIL,and extends from San Pedro to Market Street, a distance of one…