Page:Federal Reporter, 1st Series, Volume 4.djvu/178

 164 FEDERAL REPORTER. �be accepted by the public authorities of the place where the property is situated, or contracts for a valuable consideration be made byothers founded upon a supposed appropriation of the property to the uses indicated, the dedication becomes irrevocable. In the one case the aeceptance completes the transfer of the property, or easement in it, from the owner to the public; in the other case, the contract with the owner estops him from asserting any interest, escept in common with the purchasers from him. �In the present case, the intent of Castro to dedicate the Btreets and the block marked "Plaza" in the town of San Lorenzo was manifested in the most open and public man- ner. ïhe filing in the office of the county recorder of the map containing a designation of the streets and blocks, as set apart for public uses, was a public declaration of the fact. Whether, if nothing further had been done by him, there would have been any such interest acquired by the public as to forbid a subsequent assertion of ownership, may be ques- tioned. But when by the sale of the property, by reference to the map filed, or bounded by streets marked upon it, other parties had become interested in the property set apart for public uses, the owner was precluded from asserting his orig- inal rights. The sale by the map, or with reference to the streets upon it, was a sale not merely for the priee named in the deed, but for the further consideration that the streets and publie grounds designated on the map should fore ver be open to the purchaser, and to any subsequent purchasers in the town. This was an essential part of the consideration. The purchaser took not merely the interest of the grantor in the land described in his deed, but, as appurtenant to it, an easement in the streets and in the public grounds named, with an implied covenant that subsequent purchasers should be entitled to the same rights. The grantor could no more recall this easement and covenant than he could recall any other part of the consideration. They added materially to the value of every lot purchased. �No formai aeceptance by the public authorities of the dedi- cation, upon which the counsel for the plaintiff so much insist, ����