Legal Opinion

Mountain Tunnel Gravel Mining Co. v. Bryan

California Supreme Court

Decided January 21, 1896No. 18406PublishedCited by 13 opinions

Appeal from an order of the Superior Court of Placer County granting a new trial. W. H. Grant, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

This is an action of ejectment brought against various defendants, each defendant being in possession and claiming separate portions of the tract of land described in the complaint. Defendants answered separately, denying plaintiff’s claims, and, as affirmative defenses and by way of cross-complaint, set out equitable titles, and asked for specific performance. *37The trial court found against the claims of plaintiff and decreed specific performance. Plaintiff appealed from the judgment, and álso moved for a new trial upon various grounds, which motion was granted by the court in part and denied…

2Cases cited5 opinions

  1. San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
  2. Duff v. DuffCalifornia Supreme Court · 1894
  3. Pierce v. BirkholmCalifornia Supreme Court · 1896
  4. Directors of Fallbrook Irrigation District v. AbilaCalifornia Supreme Court · 1895
  5. Kelly v. BradburyCalifornia Supreme Court · 1894

3Cited by13 opinions

  1. Young Men's Christian Ass'n of Santa Cruz v. ChapmanCalifornia Supreme Court · 1912
  2. Auwarter v. KrollWashington Supreme Court · 1914
  3. Spencer v. NelsonCalifornia Supreme Court · 1947
  4. Tumelty v. Peerless StagesCalifornia Court of Appeal · 1929
  5. Henslee v. FoxCalifornia Court of Appeal · 1938

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