Legal Opinion · Concurrence

Alford v. Bradeen

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 6 opinions

Appeal from the Fourth Judicial District of the State of Nevada., Washoe County, Hon. C. C. Goodwin presiding. The facts of this case are stated in the opinion of the Court. Points and authorities for Appellants: The plaintiffs claim the timber only by reason of their ownership of the land. Waiving the point as to whether proof of ownership of the land entitles plaintiffs to recover timber in replevin, they cannot maintain this action for several reasons.

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Appeal from the Fourth Judicial District of the State of Nevada., Washoe County, Hon. C. C. Goodwin presiding. The facts of this case are stated in the opinion of the Court. Points and authorities for Appellants: The plaintiffs claim the timber only by reason of their ownership of the land. Waiving the point as to whether proof of ownership of the land entitles plaintiffs to recover timber in replevin, they cannot maintain this action for several reasons. First — It does not appear that the timber was cut after plaintiffs became owners of the land. . Second — The timber was cut under a valid…

1Concurrence

Opinion by

Beatty, J., BeosNAN, J.,

concurring.

This case was originally tried in the Probate Court of Washoe County; appealed from that Court to the District Court, where the judgment of the Probate Court was affirmed, and an appeal is now taken from the District Court to this Court.

The facts, as we gather them from a not very full or clear statement on appeal from the Probate Court, are as follows :

In January, 1864, James W. Ahart and John Barnes were the owners of a timbered ranch, Ahart owning three-fourths interest and Barnes one-fourth interest therein. Ahart mortgaged his interest to the…

2Cited by6 opinions

  1. Paul v. CragnazNevada Supreme Court · 1900
  2. McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
  3. Buchanan v. JencksSupreme Court of Rhode Island · 1916
  4. Gillum v. St. Louis, Arkansas & Texas Railway Co.Court of Appeals of Texas · 1893
  5. St. John v. SinclairSupreme Court of Minnesota · 1909

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