Smith v. Wilson

California Supreme Court July 1, 1858

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

Terry

Opinion of the Court

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-*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.

Reference

Full Case Name: SMITHs v. WILSON
Status: Published
Syllabus: Where the complaint and evidence show that a defendant is in possession of a tract of land, and claiming and holding under an adverse title, and the weight of evidence is in favor of bis title, an injunction will not be granted, on the application of a party claiming title to the land, to prevent the defendant from cutting timber thereon.