Hihn v. Spreckels (1881) · DecisionDepot

Hihn v. Spreckels

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 15, 1881 No. No. 6,940Published

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Holding. The court held that a road used by a plaintiff under a revocable license from the landowner may be lawfully closed by the owner upon revocation of said license.

Issues

Whether a road used by license of the landowner may be closed by the owner upon revocation of that license.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“the road was used by the plaintiff, by the license of defendant and his grantor, Castro, which license was revocable by the owner of the land over which the road passed; and that the defendant closed the road and revoked the license.”

Synopsis

' Appeal from a judgment for the defendant, in the Twentieth District Court, County of Santa Cruz. Belden, J

A petition for hearing in bank was filed in this case after judgment, and denied.

The Court: Appeal from the judgment on the judgment roll. The findings show that the road in question crosses the Aptos rancho, owned by the defendant; that the road was used by the plaintiff, by the license of defendant and his grantor, Castro, which license was revocable by the owner of the land over which the road passed; and that the defendant closed the road and revoked the license. Judgment rightly followed for defendant.

Judgment affirmed.

Hihn v. Spreckels

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