West v. Smith
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Colusa. The complaint averred that the plaintiff had been for more than six months in possession of the east half of sec. fifteen, township sixteen north, range two west, Mount Diablo base and meridian, and had growing on it a volunteer crop of wheat and barley, which he and his grantors plowed and sowed in the fall of the years 1874 and 1875; that the defendant, on the 5th day of June, 1876, entered on the…
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Appeal from the District Court, Tenth Judicial District, County of Colusa. The complaint averred that the plaintiff had been for more than six months in possession of the east half of sec. fifteen, township sixteen north, range two west, Mount Diablo base and meridian, and had growing on it a volunteer crop of wheat and barley, which he and his grantors plowed and sowed in the fall of the years 1874 and 1875; that the defendant, on the 5th day of June, 1876, entered on the land and began harvesting and threatened to harvest and remove the crop and convert it to his own use, and that the…
1Opinion of the Court
The legal rights of the parties as to the ownership of the crop and possession of the northeast one-quarter were in dispute, and undetermined at law; an injunction, therefore, would not lie. (Middleton v. Franklin, 3 Cal. 238; Waldron & Joiner v. Marsh et. al. 5 Cal. 119; Oates v. Teague, Oct. Term, 1856; Leach v. Z%, 37 Cal. 643; N. O. & S. O. Co. v. j&fcZ, 37 Cal. 283; 7 Johns’ Ch. Eep. p. 315; 4 Johns’ Ch. Eep. p. 21; Moore v. Orí?, 15 Cal. 204.)
A. A. Hart, for the Eespondent.
The plaintiff could not have maintained ejectment against defendant, because the acts of the latter did not work an…
2Cases cited8 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Hicks v. ComptonCalifornia Supreme Court · 1861
- Pennybecker v. McDougalCalifornia Supreme Court · 1873
- Waldron v. MarshCalifornia Supreme Court · 1855
- Middleton v. FranklinCalifornia Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rohrer v. BabcockCalifornia Supreme Court · 1896