Leet v. Rider
Synopsis
Quieting Title to Steeet.—One who claims title to land alleged to he a public street or highway, cannot maintain an action to quiet his title thereto against a street commissioner of a city, who claims no interest in the land.
Idem.—Such street commissioner is the mere agent or servant of the city, and his acts done in the performance of his duty in opening streets, are the acts of the city.
By the Court: The action cannot be maintained upon the facts appearing in the findings. Eider, the sole defendant, did not claim for himself any interest or estate in the premises described in the complaint, and, therefore, should not have been made a party defendant in an action to quiet the alleged title of the plaintiff. Eider is a mere agent or servant of the City of Sacramento; his acts done in the scope of his authority are the acts of the city, and the action cannot be maintained against him.
Judgment affirmed.
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