More v. Massini

Citations

• 32 Cal. 590
• 1867 Cal. LEXIS 107

Syllabus

<p>Damages caused by Trespass Assignable.—A claim for damages caused by a trespass on land is assignable, and the assignee may maintain, an action to recover the same.</p> <p>Injunction to prevent a Threatened Trespass.—An action will lie to enjoin a threatened trespass on land, where the trespass, if committed, would destroy the substance of the land, which could not be specifically replaced.</p> <p>Joinder of Actions in Complaint.—The owner of land may join in the same comptaint a claim for damages, as assignee, caused by a trespass on the land while it was owned by his grantor, and a claim for an injunction for a threatened injury to the land.</p> <p>Joinder of Actions for Injury to Property.—The plaintiff may join in the same complaint a cause of action for distinct and independent injuries to property, and the property injured in each cause of action may be the same or different, and may be either personal or real.</p> <p>Injunction when Plaintiff is in Possession.—An injunction lies to restrain a threatened injury to real property in the nature of a waste, even if the plaintiff is in possession of the land,</p>