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Smith v. Wilson

Supreme Court of California
Oct 1, 1858
10 Cal. 528 (Cal. 1858)

Opinion

         Appeal from the District Court of the Seventh Judicial District, County of Contra Costa.

         COUNSEL:

         J. F. Williams, for Appellants.

          Crockett and Crittenden, for Respondent.


         JUDGES: Terry, C. J., delivered the opinion of the Court. Field, J., concurring.

         OPINION

          TERRY, Judge

         Appeal from an order dissolving an injunction.

         In this case, the answer and accompanying affidavit on which the motion was heard, show that defendant was in possession of the land in question, claiming and holding under an adverse title, and the weight of evidence contained in the affidavits on both sides being in favor of the title under which he holds, the injunction was properly dissolved. (Eden on Inj. 231, and Note; 1 How. Miss. 108.)

         Judgment affirmed.


Summaries of

Smith v. Wilson

Supreme Court of California
Oct 1, 1858
10 Cal. 528 (Cal. 1858)
Case details for

Smith v. Wilson

Case Details

Full title:SMITH et als. v. WILSON

Court:Supreme Court of California

Date published: Oct 1, 1858

Citations

10 Cal. 528 (Cal. 1858)

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