Smith v. Cushing

Citations

• 41 Cal. 97

Syllabus

<p>Findings op Facts.—Where there are findings of facts, the presumption is that the Court has found all the facts in issue in favor of the party in whose favor the judgment is rendered, unless the contrary appears from the findings themselves.</p> <p>Findings op Facts and Judgment.—Whether there are findings of fact or not, and if there are findings, whether they cover all the issues or not, the appellate Court will not disturb the judgment, unless the appellant can show that the facts found, or some of them, are inconsistent with the judgment.</p> <p>Abandonment op Town Lots.—The fact that one who purchases town lots at auction, which were in the possession of his grantor, does not inclose, cultivate, or improve them, or put them to any actual use, does not show an abandonment of them. ,</p> <p>Abandonment.—To constitute an abandonment the premises must be left vacant without the intention of reclaiming the possession, and open for the occupation of any one who may choose to enter.</p>