Bullard v. Kempff

Citations

• 119 Cal. 9
• 50 P. 780
• 1897 Cal. LEXIS 835

Syllabus

<p>Boundary of Lot—Dispute as to Division Line—Action to Enjoin Removal of Bulkhead—Preliminary Injunction—Improper Dissolution. In an action to enjoin the removal oí a bulkhead which tor fourteen years had practically marked the division of occupation of adjacent lots of plaintiff and defendants, the defendants claiming the right to remove it, as occupying eight inches of defendants’ lot, which claim was disputed by the plaintiff, a preliminary injunction should be allowed to stand until the trial, a dissolution of it being improper, as practically equivalent to a dismissal of the action before a trial upon the merits, where it is not made reasonably certain by the pleadings and affidavits that the attack upon .plaintiff’s title and right of occupation up to the existing bulkhead line would be ultimately successful.</p> <p>Id.—Disputed Title—Ground for Injunction Pendente Lite—Preservation of Property.—The mere existence of a doubt as to the title does not of itself constitute sufficient ground for refusing an injunction; and the jurisdiction of the court to issue injunctions where the title is in dispute is asserted for the preservation of the property pending proceedings for the determination of the title of the parties.</p> <p>Id.—Improvements by Former Owner of Adjacent Lots—Sale of Improved Lots—Location of Boundaries—Monuments Controlling Distances.— Where a former owner of adjacent lots improved them by the erection of houses, bulkheads, and fences, making each ready for occupancy, and sold them, putting persons in possession of the respective lots just as they were inclosed and improved, the boundary lines designated by the improvements, being the monuments fixed by the original survey and measurement of the adjacent lots by the common vendor, control the distances described in the deeds, and fix the actual location of the lines upon the ground.</p> <p>Id.—Declaration of Vendor to Defendant—Noncommunication to Plaintiff.—A declaration made by the common ven