Legal Opinion

Wetherbee v. Dunn

California Supreme Court

Decided October 15, 1868PublishedCited by 13 opinions

Appeal from the District Court, Fourth Judicial District, City and County of Sau Francisco. The Court below dismissed tho bill because the pleadings and facts showed it to be a case where relief could he obtained in a Court of law. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sanderson, J. :

This action purports to be what would have been, prior to the adoption of our code of procedure in civil cases, a bill in equity to ascertain and settle disputed boundaries between adjoining land owners. It was brought against two classes of defendants—first, the widow and minor heirs of George Dunn, deceased; and second, the widow, heirs, and executors of Frederick P. Tracy, deceased. Each class of defendants was represented by different counsel. There seems to have been no dispute between the plaintiff and the Tracy heirs; for the description of the land claimed…

2Cases cited3 opinions

  1. Gray v. PalmerCalifornia Supreme Court · 1865
  2. Genella v. RelyeaCalifornia Supreme Court · 1867
  3. Peck v. CourtisCalifornia Supreme Court · 1866

3Cited by13 opinions

  1. Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
  2. In re RoseCalifornia Supreme Court · 1889
  3. People v. SchmitzCalifornia Court of Appeal · 1908
  4. Yauger v. TaylorSupreme Court of Alabama · 1928
  5. Aspegren Co., Inc. v. Sherman, Swan Co.California Supreme Court · 1926

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