Bullard

Bullard v. Kempff

Good Law
119 Cal. 9·1897 Cal. LEXIS 835·50 P. 780
Supreme Court of CaliforniaNovember 2, 1897S. F. No. 449California2,948 words

Opinion

Lead Opinion

Haynes, J.

Plaintiff brought this action to enjoin the defendants from destroying or removing a bulkhead or retaining wall erected along the westerly side of her lot. Upon filing her complaint, a preliminary injunction was granted. The defendants answered, and upon their answer and affidavits moved for a dissolution of the injunction. The plaintiff filed affidavits in reply, and upon the hearing an order was made dissolving the injunction, and from that order the plaintiff appeals.

Plaintiff and defendant Cornelia respectively own adjacent lots in the city of San Francisco, and this controversy involves-the location of the division line between them.

These lots front on the northerly line of Clay street, between Buchanan and Webster streets, and, with other lots contiguous thereto, were formerly owned by one Henry Hinkel, and prior to October 11, 1880, said Hinkel erected thereon a row of detached houses for the purpose of sale.

On the date last mentioned, Hinkel sold and conveyed one of said houses and lots to defendant Louis Kempff, who afterward conveyed to his wife, the defendant Cornelia. On November 9, 1880, Hinkel conveyed to W. P. Bullard, the husband of the plaintiff, the lot…

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