Legal Opinion

Greiner v. Kirkpatrick

California Court of Appeal

Decided March 19, 1952No. Civ. 14909PublishedCited by 9 opinions

1Opinion of the CourtBray, J.

Defendant Lois A. Kirkpatrick * appeals from a judgment in favor of plaintiff enjoining defendant from interfering with plaintiff’s use of a right of way.

Question's Presented

1. Is plaintiff estopped to assert any easement 1 2. Did the court include in the casement more land than reasonably necessary to accomplish its purpose? 3. The effect of the injunction in requiring defendant to remove a portion of a certain wall.

Facts

The controversy arises over the use by plaintiff of a certain area required to enable her to get in and out of her garage, over which area she originally received a grant of…

2Cases cited8 opinions

  1. General Motors Acceptance Corp. v. GandyCalifornia Supreme Court · 1927
  2. Parks v. GatesCalifornia Supreme Court · 1921
  3. Holland v. McCarthyCalifornia Supreme Court · 1916
  4. Butte Creek Consol. Dredging Co. v. OlneyCalifornia Supreme Court · 1916
  5. Security-First National Bank v. ClarkCalifornia Court of Appeal · 1935

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

3Cited by9 opinions

  1. Domarad v. Fisher & Burke, Inc.California Court of Appeal · 1969
  2. Haley v. Los Angeles County Flood Control DistrictCalifornia Court of Appeal · 1959
  3. Meyer v. Glenmoor Homes, Inc.California Court of Appeal · 1966
  4. TRIPLE a MANAGEMENT CO. v. FrisoneCalifornia Court of Appeal · 1999
  5. Fontana v. UppCalifornia Court of Appeal · 1954

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

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