Daubenspeck v. Grear
California Supreme Court
Appeal from the Fifth District. Injunction to restrain defendants from entering within plaintiff’s enclosure and digging up and washing away fruit trees, etc., and for damages. Plaintiffs, some eight years since, took up a tract of about two hundred and twelve acres of land under the Possessory Act of this State, enclosed it and planted it with fruit trees.
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Appeal from the Fifth District. Injunction to restrain defendants from entering within plaintiff’s enclosure and digging up and washing away fruit trees, etc., and for damages. Plaintiffs, some eight years since, took up a tract of about two hundred and twelve acres of land under the Possessory Act of this State, enclosed it and planted it with fruit trees. The complaint avers, in substance, that plaintiffs and those under whom they claim now are and from the year 1852 have been the owners and in possession of a certain tract of land about two hundred and forty feet long by one hundred and…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
There is no doubt that the plaintiffs are entited to the equitable relief prayed for. The verdict is conclusive of the rights of. the parties, and the only remedy from which the plaintiffs can derive adequate relief is by injunction. They are threatened with injuries which must, if committed, result in the destruction of their property, and it is the duty of the Courts in such cases to interpose and prevent the perpetration of the injurious acts. We can hardly conceive of a more appropriate case than the present for the administration of this species of…
2Cited by7 opinions
- People v. ColemanCalifornia Supreme Court · 1854
- In re MitchellCalifornia Supreme Court · 1898
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Heagy v. BlackIndiana Supreme Court · 1883
- Thorn v. SweeneyNevada Supreme Court · 1877
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