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10 Cal. 528

Smith v. Wilson

California Supreme Court

Decided July 1, 1858

California Supreme Court · decided 1858-07-01

<p>Appeal from the District Court of the Seventh Judicial District, County of Contra Costa.</p>

Decided 1858-07-01

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

¶1Field, J., concurring.

¶2Appeal from an order dissolving an injunction.

¶3In 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.)

¶4Judgment affirmed.

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