Croghan

The only question to be determined in this case is, whether the land in controversy was dedicated by Cushing to public use as a street.

*525 On April 7, 1870, Cushing, who was then the owner of the land in controversy, together with other lands, executed to one Leary a deed of land, which was described therein as follows: “Commencing at a point distant in a southerly direction six hundred feet from the northwest corner of block 108, as laid down on the official map of the town of Eureka, made by J. S. Murray, and filed in the office of the county recorder of said county July 28,1869, said point of commencement being the northwest corner of a block of land bounded on the north and west by Tenth and F streets, if said streets were projected; thence running south along the east line of F Street, if said street were extended southerly, 120 feet; thence easterly at right angles with said F Street; thence northerly and parallel with F Street 120 feet; thence westerly along the south side of Tenth Street 120 feet, to the place of beginning, being the northwest quarter of the block,” etc.

On August 8, 1870, Cushing sold to the appellant another portion of land, including the premises in…