Efford v. S. Pac. Coast R.R.
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiffs alleged in their complaint that they were the owners, as lessees for eight years from the 1st day of February, 1870, of a tract of land in Centreville, Alameda County, containing one hundred and sixty acres, being a portion of the tract of land and marsh connected therewith used by the plaintiffs for the manufacture of salt, bounded on the north by a creek, wall, and ditch, and on the…
Read the full summary
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiffs alleged in their complaint that they were the owners, as lessees for eight years from the 1st day of February, 1870, of a tract of land in Centreville, Alameda County, containing one hundred and sixty acres, being a portion of the tract of land and marsh connected therewith used by the plaintiffs for the manufacture of salt, bounded on the north by a creek, wall, and ditch, and on the south by a wall and ditch, and on the cast by a creek, wall, ditch, and upland; that they were and had been, since the…
1Opinion of the Court
We claim that the plaintiffs were owners of the leasehold interest in the land, and being in possession under their lease, the defendant had no right to take the land for the use of its railroad, except by consent of the plaintiffs, or by the judgment of a competent Court condemning the land to public use, and the payment of compensation. (San Mateo Water Works v. Sharp-stein, 50 Cal. 284; Sanborn v. Belden, 51 Cal. 266.)
Stewart <6 Greathouse, for the Eespondent.
It is incumbent on the appellants to show that there has been an abuse of discretion on the part of the Court in modifying an…
2Cases cited6 opinions
- De Godey v. GodeyCalifornia Supreme Court · 1870
- Sanborn v. BeldenCalifornia Supreme Court · 1876
- San Mateo Waterworks v. SharpsteinCalifornia Supreme Court · 1875
- Rogers v. TennantCalifornia Supreme Court · 1872
- Chapman v. HollisterCalifornia Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marre v. Union Oil Co. of CaliforniaCalifornia Court of Appeal · 1911