City of Anaheim v. Langenberger
Before: Garoutte
Synopsis
Dedication op Plaza — Recorded Plat and Map — Conveyances oe Lots — Rights oe Public — Offer to Dedicate — Acceptance — Revocation.—The description of a plaza upon a recorded map and plat of land, according to which lots were sold and conveyed, whatever rights may be thereby conferred upon the purchasers of lots, only constitutes an offer to dedicate the plaza to public use, so far as the rights of the public are concerned. An acceptance of the offer by the public is essential to constitute a dedication as to it, and the offer may he revoked, as to the public, at any time before its acceptance thereof.
Id.—Action by City to Quiet Title — Pleading—Adverse Claim — Revocation of Offer. — Where it appears that the offer to dedicate the plaza was made twenty years before the commencement of an action by the city to quiet title thereto, during which period there was no express or implied acceptance of the offer by the public, and the complaint alleges an adverse claim of the defendant to the land involved, such allegation indicates a revocation of the offer prior to-the filing of the complaint.
Id.—Finding against Dedication—Absence of Proof of Acceptance. — In the absence of proof of an acceptance by the city of the offer to dedicate the plaza prior to the commencement of the action, the court was justified in finding that there was no dedication of the-plaza to public use.
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