Garrard v. Silver Peak Mines
U.S. Circuit Court for the District of Nevada
This is an action in ejectment to recover of and from tlie defendant the Silver Peak Mines the following lands, situate in Esmeralda county, Nev., to wit: “The north-east, quarter of the north-east quarter of section twenty-two (22) in township two (2) south, range thirty-nine (39) east, Mt. Diablo base and meridian, containing forty acres.”
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This is an action in ejectment to recover of and from tlie defendant the Silver Peak Mines the following lands, situate in Esmeralda county, Nev., to wit: “The north-east, quarter of the north-east quarter of section twenty-two (22) in township two (2) south, range thirty-nine (39) east, Mt. Diablo base and meridian, containing forty acres.” The complaint, among other things, alleges that in and upon said lands were and are valuable mill tailings and slimes, containing gold, silver, and other metals; that defendants ever since .Tune, 1895, have been, and now are, engaged in making excavations…
1Opinion of the CourtHawley, District Judge
(orally). 1. The plaintiff’s title to the land described in the complaint rests upon the validity of the patent from the state of Nevada to Alexander Morrison, dated May 32, 1891, and the deed from Morrison to the plaintiff, executed June 29, 1891. The defendant introduced testimony tending to support the various allegations of its answer, which, if admissible, was *583claimed to be sufficient to invalidate the jdamtiffs patent, and entitle it to tbe judgment. This testimony was admitted for the conderation of the court, subject to the objections of plaintiff. The contention of plaintiff is that…
2Cases cited61 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
56 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Myrick v. PeetMontana Supreme Court · 1919
- Buckley v. LairdMontana Supreme Court · 1972
- Southern Development Co. v. EndersenDistrict Court, D. Nevada · 1912
- Ritter v. LynchDistrict Court, D. Nevada · 1903
3 more not listed; retrieve them via the Exa API.