Ix  THX  Ca81  of  OUif  qf  BurdBa  y,  Oroghan^  81  ObL  624,  the  question  to  b«
determined  was,  whether  the  land  in  controversy  had  been  dedicated  by  one
Cashing  to  public  use  as  a  strevt.     On  April  7,  1870,  Cashing,  who  was  tben


Oct.  1889.]  People  v.  Reed.  31

tha  owner  of  Hie  land  in  eontrovony,  with  other  lands,  executed  to  one  Leary
a  deed  of  land  described  as  commencing  at  the  northwest  comer  of  a  block  of
land  bounded  on  the  north  and  west  by  Tenth  and  F  streets,  if  said  streets
were  projected;  thence  running  south  along  the  east  Une  of  F  Street,  if  said
street  were  extended  southerly,  120  feet;  thence  easterly  at  right  angles  with
said  P  Street;  thence  northerly,  and  parallel  with  F  Street,  120  feet;  thence
westerly  along  the  south  side  of  Tenth  Street,  1220  feet,  to  the  place  of  begin-
ning, being  the  northwest  qiiarter  of  the  block.     On  August  8,  1870,  Gushing
•old  to  Groghan,  the  appellant,  a  piece  of  land,  indnding  the  premises  in  con-
troversy.     At  this  latter  date,  no  part  of  the  tract  was  inclosed.    From  the
dai3  of  his  purchase,  Groghan  always  paid  taxes  on  the  land,  and  in  1876  he
built  a  boose  on  the  western  half  of  the  premises  in  controyersy,  and  con*
stmeted  fences  across  the  same.    In  1844,  he  fenced  in  the  eastern  half  of
the  land.     Up  to  the  time  the  house  was  built,  the  public  passed  over  the
lands  in  oontro?ersy,  but  the  city  authorities  never  worked  or  improved  the
same,  nor  was  any  ordinance  or  order  passed  accepting  them  for  public  use.
