Hunt v. Steese

Citations

• 75 Cal. 620
• 17 P. 920
• 1888 Cal. LEXIS 597

Syllabus

<p>Injunction—Waste when Restrained Pendente Lite—Ejectment.— In an action of ejectment, the plaintiff is entitled to an injunction to restrain the defendant from committing irreparable waste on the demanded premises pending the determination of the issue as to ownership, unless it appears that the title of the plaintiff is had, or at least, that there is no reasonable ground for the assertion of title by him. The mere existence of a doubt as to the title does not of itself constitute a sufficient ground for refusing the injunction.</p> <p>Id. — Order Refusing Injunction — Appeal—Record — Findings.— On an appeal from an order refusing an injunction, it is not necessary to specify in a hill of exceptions the particulars in which the evidence is alleged to he insufficient, nor is the lower court required to make findings in support of the order. The appeal is heard upon the papers used on the hearing in the lower court; and the testimony of witnesses contained in the record, and identified by the judge as having been given on the hearing, will be treated on the appeal as written affidavits.</p> <p>Railroad Grant—Mineral Character of Land how Determined.—A person claiming under a mineral location, to be entitled to the possession of land previously patented to the Central Pacific Railroad Company, in pursuance of the grant made to that company by the act of Congress of July 1, 1862, and the amendment thereto of July 2, 1864, in order to establish his right of possession as against a person claiming under the patent, must clearly show that at the date of the patent the land, under the conditions then existing, was more valuable for mining than for agriculture, and was known to be such. And in determining the relative value of the land for such purposes, subsequent changes in the conditions affecting it cannot be considered.</p>