Page:Federal Reporter, 1st Series, Volume 4.djvu/175

 GBOGAN V. TOWN OP HAYWABD, 161 �Grogan V. The Town of Haywaed. [Circuit Court, D. Càlifornia. October 6, 1880.) �I. Dbdicatioiî oï- Land pob Public Pueposes— Definition.— "A dedica- tion of land for public purposes is simply a devotion of it, or of an easement in it, to auch purposes by the owner, manifested by some clear declaration of the fact." �S. Bame — Whbn Ikebvoçable.— Such dedicatlon fa Irrevocable when third parties have been indueed to act upon it, and part with value in consideration of it, although it liaa net been fonnally accepted by the public authorities. �a, Same — Samb. — In such case the irrevocable character of the dedication is not affected by the fact that the property is not at once subjected to the uses desigued. Bowan'sExeeutmvv. The Town ofForUand, SB. Mon. 232. �4. Bame— Adverse Occtipation.— No one can acquire by adverse occupa- tion, as against the public, the right to a street or square dedicated to public uses. �Eoadley v. The OUy of San Frcmcùco, 50 Cal. 265. �People y. Pope, 63 Cal. 437. �Andros d Page, for plaintif?. �Mastick, Belcher & Mastick, for defendant. �FiELD, C. J. This is an action for the possession of a parcel of land situated in the town of Hay ward, ' Alameda county. The plaintiff traces title to the premises from one Guillermo Castro, to whona a grant of land, of which they are a part, -was made by the former Mexican govemment. The grant waa oonfirmed by the tribunals of the United States, under the act of March 3, 1861, and a patent was issued to the con- firmee. �The defendant, the town of Haywara, claims that the prem- ises are a part of a tract dedicated by Castro to the public use of the town previously to the conveyance under which the plaintiff asserts title. The main, question for determination relates to the validity and permanence of the alleged dedi- cation. �The facts of the case, as disclosed by the evidence, are briefly these : �In 1854, Castro, being desirous of founding a village, or �town on his land, selected for that purpose a portion of it, v.4,no.3— 11 ����