Robinson v. Russell
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. A. P. Smith was the owner of a tract of land containing about fifty acres, near the City of Sacramento. A large portion of the land was planted to fruit trees, and devoted to raising fruit for sale. A portion of it was also used as a nursery for rearing fruit trees, which were dug up at the proper season of the year and sold.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. A. P. Smith was the owner of a tract of land containing about fifty acres, near the City of Sacramento. A large portion of the land was planted to fruit trees, and devoted to raising fruit for sale. A portion of it was also used as a nursery for rearing fruit trees, which were dug up at the proper season of the year and sold. In 1859, Smith borrowed of Robinson, the plaintiff, ten thousand dollars, for which he gave the latter his note, payable in two years, and to secure the note executed a mortgage on the land. On…
1Opinion of the Court
By the Court, Rhodes, J.
The object of this action was to procure an injunction, restraining the defendants from removing from “ Smith’s Car-dens” certain growing trees and vines, and a steam engine and pump erected to irrigate the land, and restraining the defendant Bugbey from paying over to the other defendants certain money in his hands, which it was agreed represented certain fruit sold by him from the gardens. The Court below found all the material issues of fact for the defendants, and rendered judgment in their favor.
The Court found, among other things, that the defendants had not…
2Cases cited5 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Yates v. JoyceNew York Supreme Court · 1814
- Lane v. HitchcockNew York Supreme Court · 1817
- Cunningham v. Hawkins.California Supreme Court · 1864
- Burnett v. WhitesidesCalifornia Supreme Court · 1859
3Cited by16 opinions
- Cornelison v. KornbluthCalifornia Supreme Court · 1975
- U. S. Financial v. SullivanCalifornia Court of Appeal · 1974
- Miller v. WaddinghamCalifornia Supreme Court · 1891
- Easton v. AshCalifornia Supreme Court · 1941
- Sumitomo Bank v. Taurus Developers, Inc.California Court of Appeal · 1986
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