Slater

(after stating the facts as above).

The appellants contend that some of the findings of fact of the court below are but conclusions of law, and that others are unsustained by testimony. We have carefully examined the evidence, and we think the undisputed *57 testimony sufficient-to sustain the decree of the court below. Two of the owners, who laid out the alley and constructed their buildings in such a way as to leave an open passageway to the public, testified that they had no intention to dedicate it to the public, and that they and the other owner agreed beween themselves that they might close the alley at any time that they saw fit; but in ascertaining whether there was intention to dedicate a street or alley way to the public the courts do not look to the secret intention of the owner of the land, but consider his acts. In this case the owners never disclosed to the public the existence of their mutual understanding that they reserved the right to close the alley. On the contrary, they left the alley open to public use for more than 10 years, and during that period, without objection from them or their successors in interest, large numbers used the alley as a passageway…