Bensley v. Mountain Lake Water Co.
California Supreme Court
Appeal from the Fourth District. The case is sufficiently stated in the opinion of the Court. The Court below first granted a preliminary injunction restraining the Sheriff from putting defendants in possession of the premises in dispute under the order or judgment of June 29th, 1857; and further ordering, that, if the Sheriff had already executed the writ of possession, the defendants should surrender the premises to plaintiffs.
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Appeal from the Fourth District. The case is sufficiently stated in the opinion of the Court. The Court below first granted a preliminary injunction restraining the Sheriff from putting defendants in possession of the premises in dispute under the order or judgment of June 29th, 1857; and further ordering, that, if the Sheriff had already executed the writ of possession, the defendants should surrender the premises to plaintiffs. The bill was filed on the 8th day of August; defendants entered on that day, and the injunction being served, the premises were surrendered to plaintiffs. At the…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
The plaintiffs below, Respondents here, filed this bill, averring that they are the owners of certain lands, lying in San Francisco County, and situate at the mouth of Lobos Creek; that their title comes from one Emerson, who originally held the same, and that the plaintiffs have jointly possessed these lands since the 16th day of May, 1854; that the defendants, on the 29th day of June, 1857, obtained an order or judgment in the Fourth District Court, for the condemnation of these lands for the use of defendants. It is alleged that this judgment of condemnation is…
2Cases cited1 opinion
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
3Cited by36 opinions
- Potter v. ChambersCalifornia Supreme Court · 1922
- People v. Superior CourtCalifornia Supreme Court · 1937
- Evans v. CookNevada Supreme Court · 1876
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
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