City of Los Angeles v. Kysor

GAROUTTE, J. This action is brought to' quiet title, and the city appeals. It is claimed that the tract of land involved is a public park and made so by dedication. The trial court, after hearing the evidence, made a finding of fact to the effect that there had never been a dedication of the land to public use, and this appeal is mainly directed to an attack upon that finding. The salient facts are briefly these:

The defendant was the owner of a large tract of land adjoining the city of Los Angeles. He entered into a contract to sell this land to the Yernon Street Railway Company. Under this contract the railway company took a joint possession of the property. This land was to be immediately subdivided into lots and [465]blocks and placed upon the market for sale. Thereafter, the parties filed a map of the tract in the recorder’s office, showing a subdivision thereof into blocks and lots and streets. The tract involved in this litigation was marked upon the map as “Central Park.” Thereafter the defendant and the railway company entered into a contract with Gillis and others, whereby they agreed to sell to Gillis et al. the tract marked “Central Park,” in consideration that said Gillis et al. should keep “said premises as a public park for a period of not less than twenty-five years.” Shortly -thereafter this agreement was canceled. Subsequently the railway company quitclaimed to defendant all its interest in and to the tract. Both prior to this deed and subsequent thereto defendant conveyed many lots in said tract to purchasers by ' reference to the aforesaid map. This tract was located upon the line of the road of the railway company, and during all these times was open to the public. There are various small matters of evidence bearing upon the question of dedication, which we pass by without detailed mention.

It is said in San Francisco v. Grote, 130 Cal. 63; 65 Am. St. Rep. 155: “It is not a trivial thing to take another’s land, and for this reason the courts will not lightly declare a dedication to public use. It is elementary law that an intention to dedicate upon the part of the owner must be plainly manifest.” In the face of the rule here declared, we are asked to reverse a finding of fact to the effect that no dedication took place, upon the ground that there is no material evidence to support it. We cannot reverse this finding of “no dedication,” if there is a substantial conflict in the evidence. We cannot set aside the finding even though the evidence should be found to largely preponderate against it. As said in Sacramento v. Clunie, 120 Cal. 32: “Even conceding this evidence sufficient to support a finding of dedication, still it is not sufficient to reverse a finding of ‘no dedication.’ ” In all those cases where it is claimed that a dedication is created in pais it may be said that there is no amount of evidence which will justify a court in instructing a jury that dedication is conclusively shown. The owner’s intention is the all-important element in creating a dedication, and that intention is a question of fact. It never can be a matter of law. Hence, when the person’s intention in doing an act is the all-