Moss v. Atkinson
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, Amador County. The defendant Perkey alone answered. The Court below granted the injunction, and he appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
The plaintiffs allege that they are tenants in common and owners in fee -of the Rancho Arroyo Seco. The defendant Perkey is in possession of a tract of upwards of nine hundred acres of land within the rancho, whereon he has resided ever since the year 1852.
An action had been brought in the Circuit Court of the United States by one of the plaintiffs for the benefit of all against a number of persons, among whom was the defendant Perkey, to recover the possession of the premises; and that action pending, the present action was brought in the Court below to obtain an…
2Cases cited2 opinions
- Killey v. WilsonCalifornia Supreme Court · 1867
- Smith v. AthernCalifornia Supreme Court · 1868
3Cited by30 opinions
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- Reigel v. SavaSeniorCare L.L.C.Colorado Court of Appeals · 2011
- Sterling v. TaylorCalifornia Supreme Court · 2007
- Scheerer v. CuddyCalifornia Supreme Court · 1890
- Doran v. DoranSupreme Court of Iowa · 1909
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