California Supreme Court, 1858

Smith v. Wilson

Smith v. Wilson
California Supreme Court · Decided July 1, 1858 · Terry
10 Cal. 528

Smith v. Wilson

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.

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