Burke v. Table Mountain Water Co. & Laforge
California Supreme Court
Appeal from the Fifth District, County of Calaveras. This was an action of ejectment to recover the possession of a certain ditch for the conveyance of water for mining purposes.
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Appeal from the Fifth District, County of Calaveras. This was an action of ejectment to recover the possession of a certain ditch for the conveyance of water for mining purposes. The complaint sets out the title of plaintiffs, and avers “ that the defendants, the Table Mountain Water Company and A. B. Laforge, well knowing the premises, and well knowing the plaintiffs were the owners of such property, and entitled to the possession and use thereof as aforesaid, have unlawfully, wrongfully, and in violation of the rights of the plaintiffs herein, at all times since the said fifteenth day of…
1Opinion of the CourtBaldwin, J.
*407This action of ejectment was brought to recover a'certaip>ditch. One Laforge was a defendant, but no judgment was recovered against him. The complaint charges that the defendant—the Table Mountain Water Company—was in possession. The answer of the company does not deny this averment in any such manner as to put it in issue. The answer denies that this defendant has “ unlawfully, wrongfully, and in violation of plaintiffs’ rights, had the possession,” etc. But this might be perfectly true, and yet the defendant be in the possession. What the complaint called the defendant to answer, was not…
2Cases cited1 opinion
- Garner v. MarshallCalifornia Supreme Court · 1858
3Cited by17 opinions
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- Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
- Harloe v. LambieCalifornia Supreme Court · 1901
- Kessinger v. Organic Fertilizers, Inc.California Court of Appeal · 1957
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