Legal Opinion

Head v. Fordyce

California Supreme Court

Decided July 1, 1860PublishedCited by 33 opinions

Appeal from the Fifth District. The facts appear in the opinion of the Court. The suit was against Fordyce and the Volcano Water and Mining Company. The Court below held that Fordyce had no lien on the property, and that his decree for a lien was a fraud upon plaintiff and constituted a cloud upon his title ; and therefore annulled and set aside said decree so as to remove the cloud. Defendant Fordyce appeals.

1Opinion of the CourtBaldwin, J.

Field, C. J. concurring.

This was a bill filed by the respondent, asserting title to a certain ditch in his possession, and praying that a pretended claim to it on the part of appellant, defendant below, may be declared invalid. This claim, the bill asserts, is fraudulent and void as against the plaintiff. The bill charges that Fordyce commenced an action against the Volcano Water and Mining Company for a large sum of money, to subject to sale the ditch of that name, including aqueducts, flumes, culverts, dams, water gates, cabins and appurtenances, in enforcement of a certain lien alleged by…

2Cited by33 opinions

  1. Castro v. BarryCalifornia Supreme Court · 1889
  2. Kittle v. BellegardeCalifornia Supreme Court · 1890
  3. Warnock v. HarlowCalifornia Supreme Court · 1892
  4. California Oil & Gas Co. of Arizona v. MillerU.S. Circuit Court for the District of Southern California · 1899
  5. Brandt v. WheatonCalifornia Supreme Court · 1877

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