Legal Opinion

Los Angeles University v. Swarth

Court of Appeals for the Ninth Circuit

Decided March 4, 1901No. 612PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the Southern District of California. This is an appeal from an order granting a preliminary injunction.

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Appeal from the Circuit Court of the United States for the Southern District of California. This is an appeal from an order granting a preliminary injunction. The suit was brought by tlie appellees to restrain tlie appellants from converting and using part of the campus of tlie Los Angeles University for the purpose of excavating, drilling, and digging into the land for oil, and from erecting, on and over the surface of the land, buildings and derricks, and from converting the campus into an oil field and a place for conducting an oil business, to the injury and damage of ilio land as a…

1Opinion of the CourtMorrow, Circuit Judge

It is contended by the appellant's: First. That by the third conditional clause of the deed of September 16, 1896, the title of the grantees to the land in question became absolute and free from all limitations and restrictions on January i, 1894, when the period for reversion therein provided had expired. Second. Assuming that the restriction contained in the first conditional clause of the deed continued as a limitation upon the use of the land, it is contended on the part of the appellants that the complainants cannot enforce the restriction in the absence of a showing that'they are the…

2Cases cited14 opinions

  1. Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Post v. . WeilNew York Court of Appeals · 1889
  3. Graves v. . DeterlingNew York Court of Appeals · 1890
  4. Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
  5. Watrous v. AllenMichigan Supreme Court · 1885

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Davis v. SkipperTexas Supreme Court · 1935
  2. Stegall v. Housing Authority of the City of CharlotteSupreme Court of North Carolina · 1971
  3. Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
  4. Streicher v. HeimburgeCalifornia Supreme Court · 1928
  5. Central Land Co. v. City of Grand RapidsMichigan Supreme Court · 1942

10 more not listed; retrieve them via the Exa API.

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