The evidence is somewhat voluminous, and there are many exceptions, but the decision of this appeal practically depends upon the correctness of the following instruction, which is assigned as error :
“The burden is on the defendant, gentlemen of the jury, on this issue, to satisfy you that there was such a revocation. Under the law of this State, whenever any person, whether it be a corporation or an individual, conveys a tract of land, whether in a city or not in a city, whether out of the corporation or in the corporation, and surveys it out and marks out upon the face of the land streets, alleys, subdivides it up into blocks and lots, and makes a map of it, and holds out the plat and the map which is the plat, and the survey, and offers those lots for sale, based on that plat, and the survey calls for the streets set out in the survey and plats, and the purchaser buys that property with the understanding and the representation that the streets are there, and are to remain there, the purchaser buys the property for building lots or otherwise, the law says that the owner of the land has dedicated to public use for streets that part of the land marked out on the map and designated on the face of the ground as streets, that it becomes the property of the public; that is, it has the right to use it, to go upon it, that the property owners who purchased the lots have a right to have the streets remain as laid out; that the owners of the land have no right, at their own arbitrary will, moved by interest, or factiousness, or otherwise, to close them; that they have no right to do that; that they have been fixed for the use of the public — that is what the law means by dedication, for that it has been sold to the public — not that it has been conveyed *516by any conveyance by deed, but when they make the map and sell the land with the marks on the ground, and so hold out to the purchasers, and the land is purchased on that basis, there is then such a dedication for the public use of streets that they are not permitted to take it back; although the title to the fee may be in them, there is an easement that belongs to the public which they cannot revoke.”
We think this \s a correct statement of the recognized law as laid down in our decisions with uniformity. The subject is fully discussed with citation of our authorities to the above effect by Allen, J., in Elizabeth City v. Commander, 176 N. C., 26. In a still more recent case, Wittson v. Dowling, 179 N. C., 542, Hoke, J., reciting our authorities, restates the same principles, quoting, among others, from Avery, J., in S. v. Fisher, 117 N. C., 733, as follows: “If he and those claiming under him had sold a single lot abutting on this apparent extension of North Elm Street, he, and those claiming under him, would have been estopped from denying the right of such purchaser, and those in privity with him, to use the street as laid down in the plat, . . . and this dedication of an easement, appurtenant to the land sold, would have been, as between the parties, irrevocable, though the street had never been accepted by the town for public use.”
The company could not have lawfully revoked and discontinued the streets, unless every one concerned had acquiesced. Wittson v. Dowling, supra.
No error.