Legal Opinion

Coppermines Co. v. Comins

Nevada Supreme Court

Decided April 15, 1915No. 2114PublishedCited by 4 opinions

Appeal from Ninth Judicial District Court, White Pine County; Ben W. Coleman, Judge. Action by the Coppermines Company against H. A. Comins. Prom a judgment for plaintiff, defendant appeals.

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Appeal from Ninth Judicial District Court, White Pine County; Ben W. Coleman, Judge. Action by the Coppermines Company against H. A. Comins. Prom a judgment for plaintiff, defendant appeals. The burden of proof is upon the respondent to show its title to the land in dispute. . The primary and fundamental principle in the construction of deeds is that the intention of the parties, as expressed in the instrument, taken as a whole and considered altogether, must control. {Case v. Dexter, 106 N. Y. 548, 13 N. E. 449; Clement v. Bank, 4 L. R. A. 425; 17 Ency. Law, 2d ed. 4; 13 Cyc. 604, 627;…

1Opinion of the Court

By the Court,

McCarran, J.:

This is an action commenced by respondent in the district court of White Pine County to quiet title to certain lots of land, the total acreage of which amounts to 64.167 acres.

It appears that in March, 1906, one Corbett entered into negotiations with the appellant Comins and his wife for the purchase of certain lands owned by appellant, and the water rights belonging to them, in what is known as Steptoe Creek, in Steptoe Valley.

On the 24th day of March, appellant and his wife made and executed a deed; the portion of which attempting to describe the lands conveyed is…

2Cases cited3 opinions

  1. Russel v. Trustees of Transylvania UniversitySupreme Court of the United States · 1816
  2. McCurdy v. Alpha G. & S. Mining Co.Nevada Supreme Court · 1867
  3. Paroni v. EllisonNevada Supreme Court · 1879

3Cited by4 opinions

  1. Gould v. FrazierIdaho Supreme Court · 1930
  2. Roxana Petroleum Corp. v. CornCourt of Appeals for the Eighth Circuit · 1928
  3. Dayton Valley Investors, LLC v. Union Pacific RailroadDistrict Court, D. Nevada · 2009
  4. Rand Props., Llc Vs. FilippiniNevada Supreme Court · 2021

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