Los Angeles herald., 1890-11-23
What Constitutes the Dedi-
cation of a Public. Road.
WOlfskill's Desire to Withdraw
Came too Late,
When the Supervisors Had Accepted
and Widened Military Avenue.
An Important Decision of the Supreme
Court Relating to Public
Highways.

The supreme court of the state of
California has just decided, adversely to
the plaintiff, the appeal case of John
Wolfskill VS.. The County of Los An
geles. The opinion involves important
points, but is too lengthy to permit Of
its entire reproduction. 1t is by Fox j.,
and is concurred in by Justices Paterson
and Works.
| 1t was an action for the recovery of
five thousand dollars damages for tres
pass quare clausum fregit, and praying
for an injunction perpetually restraining
the defendants from further trespass,
and from laying out and opening pub
lie highway on lands claimed by plain
tiff. Defendants had judgment, from
which, and an order denying plaintiffs
motion for new trial, plaintiff appealed.
The plaintiff was the owner of tract
of land, situate in the county of Los An
geles, consisting of 1887 acres, known as
the Rancho San Jose de Buenos Ayres.
On the 9th day of May, 1887, he en-
tered into a contract with ]. w. Hoyt
for the sale of said tract for the sum of
$438,700. This was to be paid in in
stallments, $1,000 down, $37 700 on or be-
fore July /, 1887; 100000 on or be-
fore January %, 1888, $3.50, 900 on or be-
fore July %, 1889, and the balance,
$3.50, 200, on or before July 25, 1890, with
interest at the rate of per cent per
annum. 1t was also provided, for the
purpose of enabling Hoyt to sub-divide
and resell the land, that he should have
the right, after the payment due July /
1887, to enter upon said land for the
purpose of making surveys, construct
ing roads, developing and piping water
and making other improvements, pro-
vided that Wolfskill's enclosures should
be left practically unimpaired.
One OF the clauses of the agreement
was that Wolfskill should remain in
possession OF the ranch until full pay
ment of the installments due on or be-
fore July %, 1888, excepting those por-
tions conveyed to purchasers or those
appropriated to roads or other i'm
provements."
On the 2Sth of the same month Hoyt
conveyed all his interests in the land
and in the contract, with the knowl-
edge of plaintiff, to the Los Angeles and
Santa Monica Land and Water COM
pany.
1t made two maps. and placed the
same of record-one OF a townsite in the
center of the tract, called Sunset, and
the other of the lands embraced in the
tract, lying outside the townsite, which
were divided into subdivisions varying
in size from one acre to seventy-fve
acres, and the tract being SO intersected
into streets and roads that every sub
division had at least one frontage upon
some street, road or avenue.
Several roads, streets and avenues
were laid down, and among them was
one sixty feet wide along the entire
length OF the western boundary thereof,
from the northern to the southern
boundaries, called Pacific avenue.
In this Condition of affairs, the
January or early in February, 1889, as
sumed Jurisdiction over Pacific avenue
as public highway.
They accepted deed OF strip of land
forty feet wide, adjoining it on the west,
for Its entire length, which widened it
to one hundred feet, and changed it's
name to Military avenue. They ex-
tended it southwark some two miles to
connect with National boulevard, and
northward to Nevada avenue, running
through the Soldiers Home tract
The portion OF the road south of the
rancho being graded, the graders en-
tered the rancho itself, which was then
enclosed, and graded about one mile OF
the road. AT this stage they took down
the sixty feet of fence which was within
the plated roadway, on the south
boundary OF the rancho, and proceeded
to take the fence along the western
boundary of the rancho, and moved the
same, and replaced it in as good order
and condition as it was before, sixty
feet eastward, and along the eastern line
OF the avenue as it was surveyed, staked
and plated.
The plaintiff, who was living on the
rancho, made no objection to the work
of the supervisors. The action was
commenced April 13, 1889, and no re-
straining order was sought. The appel
liant insists that there had been no offer
and acceptance OF dedication of Pacific
avenue to public use as public high
way. The supreme court holds that the
land was sold with the express under
standing, in the beginning, that upon
making the first deferred payment, the
vendee should have the right to sub
| divide 1t into smaller tracts, with streets
and roads upon and through the same,
and make and record maps thereof, and
make sales according to such maps, the
vendor joining in copveyances made.
The legal title and possession remained
with the vendor as security for the un-
paid portion of the purchase money,
but as to possession he expressly ex-
cepted from his reservation thereof such
portions of the land as should be appro-
priated to roads or other improvements.
There was a provision that "the en-
closures of the party of the first part
should be left practically unimpaired."
But it was proved, and not contradicted,
that the work of opening and construct
ing Pacific avenue, left the enclosure
practically unimpaired. This appro-
priation was contemplated by the con-
tract, and the change in the fence can
hardly be claimed as practical impair
ment of his enclosure.
The court holds that there was a clear
offer OF dedication. The equitable
owner, with the consent of the holder of
the legal title, ratified the offer, and it