Gianella

Gianella v. Gray

Good Law
7 Cal. Unrep. 353·96 P. 329
Supreme Court of CaliforniaApril 25, 1908California647 words

Opinion

lead Opinion

Chipman, J.

Thisis an action to restrain defendants from trespassing upon plaintiff’s land. The amended complaint alleges plaintiff’s right to the exclusive use and -occupation of certain land, particularly described in the complaint, bordering on the Sacramento river at a point where the same is navigable, and that his said right extends to low-water mark of said river; that defendants heretofore “have entered upon the above-described land, though prohibited so to do by the agent and attorney of the plaintiff, have taken down fences, and camped and occupied said land above low-water mark of said Sacramento river, and that they, and each of them, threaten to remain and use said land and premises, in violation of the rights of the plaintiff, ami have built and are maintaining camp and camps thereon, and have taken down fences thereon, -and have threatened so to do, and have taken a horse across said land, and have said horse now on said land, above low-water mark -of said *355 Sacramento river, and have crossed through and over, and have left gates open,-and are maintaining and making preparations to remain on said above-described land above low-water mark of said Sacramento river, in…

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