Grannis

Grannis v. Lorden

Good Law
103 Cal. 472·1894 Cal. LEXIS 803·37 P. 375
Supreme Court of CaliforniaAugust 1, 1894No. 19378California324 words

Opinion

lead Opinion

Belcher, J.

This is an action to quiet the plaintiff’s title to a certain forty-acre tract of land in Los Angeles county.

Upon filing the complaint, a preliminary injunction was issued restraining the defendant from interfering with the plaintiff’s possession of the said land. The defendant answered, denying all the equities set up in the complaint, and alleging that the said land was unsurveyed government land, and that he had been in the actual possession of the same, and had cultivated a portion of it, for more than two years prior to the filing of the complaint. He afterwards moved for a dissolution of the injunction, and based the motion upon his verified answer and nine affidavits. At the hearing, the plaintiff filed a counter-affidavit made by himself, and the affidavits of several other parties, who deposed that the reputation for truth and veracity of one of the affiants for the defendant was bad, and that they would not believe him under oath. After due consideration, the court below granted the defendant’s motion, and *473 dissolved the injunction, and from that order the plaintiff appeals.

The dissolution or continuance of a preliminary injunction is a matter largely within the…

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