Page:Federal Reporter, 1st Series, Volume 4.djvu/176

 162 FEDERAL REPORTER. �wbich incJudecI his residence, as a site for the town, and caused it to be survej'ed into blocks and streets, and had a map made on -which the streets were named and the blocka numbered. Upon this map the town was designated San Lorenzo. The map showed that the streets were to be 80 feet wide, and that the blocks were to be 400 feet in length and 300 feet in width. One of the blocks — the one bounded on the north by Webster street, on the east by Castro street, on the west by Watkins street, and on the south by Clay street — was marked "Plaza" cm the map. The premises in con- troversy are a part of this block. �One of the streets, called Castro street, was coïncident with the county road running between San Leandro, the county seat, and San Jose, the county seat of Santa Clara county. The map was filcd by Castro, for record on the second of December, 1854. Subsequently two sales of parts of blocks, bounded by streets as laid down on this map, were made by him. In 1856, for the purpose, as is said, of securing to him- self a lawn or yard in front of his house, he caused the street bearing his name to be reeurveyed, and he located it 66 feet further west than it was located aecording to the map of 1854. The block occupied by him as his residence was thus widened 66 feet, and ail other blocks and streets west of him were pushed 66 feet to the westward. A new map was then made of the town, showing the streets and blocks as thus changed, and on the eighth of April, 1856, was filed in the office of the recorder of the county. Soon afterwards Castro street was opened, and the county road made to conform to it, and since then, now a period of over 20 years, has been continously used as a street of the town and as part of the publie high- way from San Leandro to San Jose. A copy of the map was exhibited in the office of Castro to parties seeking to purchase lots in the town, and lots were sold by him and his agent, and deeds executed with reference to it, or the lots were bounded by streets designated upon it. The block marked "Plaza" was spoken of by them as reserved for public use, and sales of portions of it were refused for that reason. �The plaintif derives whatever title he has from the pur- ����