Wagner v. Hanna
California Supreme Court
Appeal from the District Court of the Seventh District, County of Marin. Action for damages against the defendant for obstructing the plaintiff in the enjoyment of a right of way across the defendant’s land, and for an injunction restraining the continuance of said obstructions. The complaint contained two counts. The first count set forth, among other matters, that one Wolfle was once the owner of both the plaintiff’s and defendant’s tracts of land.
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Appeal from the District Court of the Seventh District, County of Marin. Action for damages against the defendant for obstructing the plaintiff in the enjoyment of a right of way across the defendant’s land, and for an injunction restraining the continuance of said obstructions. The complaint contained two counts. The first count set forth, among other matters, that one Wolfle was once the owner of both the plaintiff’s and defendant’s tracts of land. That Wolfle sold the tract now owned by defendant, constituting the eastern portion of his entire rancho, to one Carter, who is defendant’s…
1Opinion of the CourtRhodes, J.
In the first count of the complaint, it is alleged that Wolfle, who was the owner of a certain tract of land, conveyed the easterly portion thereof to Carter; that, in and by the deed of conveyance, Wolfle “ reserved to himself the privilege, free use and right of way through the premises conveyed by said last mentioned deed, and described therein, to the embarcadero on said Santa Margarita creek, which right of way, reserved as aforesaid, thereby became, and was and is appurtenant to the remaining portion of the premises hereinbefore described, and the premises so conveyed by said Wolfle to…
2Cited by26 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Wing v. Forest Lawn Cemetery Assn.California Supreme Court · 1940
- Eastman v. PiperCalifornia Court of Appeal · 1924
- First National Bank v. PaffSupreme Court of Pennsylvania · 1913
- Willoughby v. LawrenceIllinois Supreme Court · 1886
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