Felton v. Justice
JOHN B. FELTON v. E. P. JUSTICE
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The purpose of this action is to enjoin the commission of trespasses upon lands alleged to be the property of plaintiffs. The plaintiffs allege that the defendant had entered upon the lands, and ousted and removed plaintiffs therefrom, prior to the time when the alleged trespasses were committed and threatened.
An action at law cannot be maintained for trespasses committed on land when the plaintiff is totally disseised and the defendant is in the adverse possession thereof. (Raffelto v. Fiori, 50 Cal. 363.)
A fortiori, in such case a court of equity will not intervene to restrain the commission of threatened trespasses.
Judgment reversed and cause remanded.
Cites, in this corpus
- Raffetto v. Fiori No. 4852 · 1875-07-01
Cited by
- Flood v. E. L. Goldstein Co. S.F. No. 4766. · 1910-08-27
- Dunker v. the Field and Tule Club Civ. No. 390. · 1907-10-02