People ex rel. Robarts v. Beaudry

Belcher, C. It is alleged in the complaint in this case that a certain described strip of land was, on the first day of October, 1868, and ever since has been, a part and portion of a public street in the city of Los Angeles, now commonly known as Buena Vista Street; that defendants, on or about the first day of April, 1871, erected and maintained, and still do maintain, on that part of the street described, certain buildings, posts, fences, and other things, which, ever since they were so erected, have obstructed, and still do obstruct, the said street, and hinder and prevent the people of the state of California from the free use thereof as a public street, and are public nuisances and illegal obstructions thereon. And the prayer is, that the strip of land described as being a part of Buena Vista Street be declared and decreed to be a common public street and highway, free for the travel of all persons, and that the defendants be ordered and decreed to remove therefrom the buildings, houses, and fences, and all obstructions whatsoever, now obstructing or that may obstruct the free use of said street, and be enjoined from again erecting the same or any other obstructions thereon.

The defendants, Beaudry and Ramsaur, alone an-, swered. They deny that the land described in the complaint, or any portion thereof, is now, or was on the first [217]day of October, 1868, or ever was, any part or portion of the public street in the city of Los Angeles known as Buena Vista Street, or of any public street or highway whatever; deny that on the first day of April, 1871, or at any other time, they erected and maintained, or still do maintain, on any part of Buena Vista Street, or on any other street in the said city, any buildings, posts, fences, or other things; deny that any buildings, posts, fences, or other things erected or maintained by them have obstructed or do obstruct the said street, or any other street, or hinder or prevent the people of the state, or any of them, from the free use of the same as a common public street, or at all.

When the case was called for trial, the defendants objected to the introduction of any evidence on the part of the plaintiff, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The objection was overruled, and an exception reserved. It was then admitted that a patent had been issued by the United States to the city of Los Angeles, conveying the lands within the city limits, upon confirmation of the claim of the city authorities that the city was the successor of a Mexican pueblo, and that the strip described in the complaint was within the boundaries of the lands so conveyed; also, that the city was incorporated by an act of the legislature approved April 4, 1850, according to the provisions of the general law for the incorporation of cities, and with all the rights which had formerly pertained to the said pueblo.