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· 2/24/1894

Tibbets v. Bakewell

Citations

  • 4 Cal. Unrep. 477
  • 35 P. 1007

Syllabus

<p>Ejectment—Evidence—Sufficiency.—In Ejectment, in Which the answer denied ouster and the possession and withholding by defendants, it appeared that the land in dispute is a strip six feet wide, on which a water ditch is located. The evidence showed that defendants frequently put a pressure board in the ditch, which cut off plaintiff’s water and diverted it into a flume made by them. Held, that the evidence established a trespass merely, and did not justify a judgment for plaintiff.</p>

Judges: Haynes

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