Evans v. Lee
Nevada Supreme Court
Appeal from tbe District Court of (tbe Second Judicial District, Washoe County. Tbe facts are stated in tbe opinion. I. The power to sell and convey is ample so far as the facts are in question, and the power of sale is operative, without foreclosure. (Fogarty v. Sawyer, 17 Cal. 592-3; 4 Kent, 146; Hill on Mortgage, chap. 7; Lovgwiih v. Butts, 3 Gilm. 32; 23 Gal. 573; 27 Cal. 272; 36 Cal. 60.) II. The acknowledgment before the vice-consul was valid.
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Appeal from tbe District Court of (tbe Second Judicial District, Washoe County. Tbe facts are stated in tbe opinion. I. The power to sell and convey is ample so far as the facts are in question, and the power of sale is operative, without foreclosure. (Fogarty v. Sawyer, 17 Cal. 592-3; 4 Kent, 146; Hill on Mortgage, chap. 7; Lovgwiih v. Butts, 3 Gilm. 32; 23 Gal. 573; 27 Cal. 272; 36 Cal. 60.) II. The acknowledgment before the vice-consul was valid. (16 Cal. 551 to 654, and cases there cited.) The use of the corporate seal on a deed proves prima facie that the officers had authority to…
1Opinion of the Court
By the Court,
Beatty, J.:
This is a suit for the recovery of certain parcels of land situate in Washoe county. The defendant, as one of his defenses to the action, alleges that- the land is the property of the Nevada Land and Mining .Company, limited, a corporation, and that he is in possession under a contract with that company for the conveyance of the premises to him. This plea, of course, is evidence in favor of the plaintiff of the existence and title of the corporation, and in order to make out his prima facie case, it was only necessary for him to show a conveyance from the corporation…
2Cases cited1 opinion
- Mott v. SmithCalifornia Supreme Court · 1860
3Cited by8 opinions
- Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892
- Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
- Evans v. LeeNevada Supreme Court · 1877
- Ellison v. BranstratorIndiana Supreme Court · 1899
- Hough v. Reserve Gold Mining Co.Nevada Supreme Court · 1934
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