Smith v. Wilson

California Supreme Court

Smith v. Wilson

10 Cal. 528

DecidedJuly 1, 1858

StatusPublished

This text of 10 Cal. 528 (Smith v. Wilson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Wilson, 10 Cal. 528 (Cal. 1858).

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Opinion

Terry, C. J., delivered the opinion of the Court

Field, J., concurring.

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 ti-[529]*529tie, 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 Injunction, 231, and note; 1 How. Miss., 108.)

Judgment affirmed.

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Terry, C. J., delivered the opinion of the Court

Field, J., concurring.

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 ti-[529]*529tie, 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 Injunction, 231, and note; 1 How. Miss., 108.)

Judgment affirmed.

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Bluebook (online)

10 Cal. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-wilson-cal-1858.