Phenix v. Frampton
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County, Nevada; M. A. Murphy, Judge. Action by George S. Phenix and his wife against A. E. Frampton. From an order refusing to dissolve a temporary injunction, defendant appeals. The facts sufficiently appear in the opinion. I. The suit, both in form and effect, is one to quiet title. The record shows that the complainants are out of possession.
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Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County, Nevada; M. A. Murphy, Judge. Action by George S. Phenix and his wife against A. E. Frampton. From an order refusing to dissolve a temporary injunction, defendant appeals. The facts sufficiently appear in the opinion. I. The suit, both in form and effect, is one to quiet title. The record shows that the complainants are out of possession. To this effect is the complaint itself, and for this reason it was undoubtedly demurrable. The allegation of paragraph 1 is that complainants, at and…
1Opinion of the Court
By the Court,
Talbot, C. J.:
This is an appeal from an order refusing to dissolve a temporary injunction. In the complaint jt is alleged that the plaintiffs are the' owners and in possession of Lots 1 and 2 in Block 12 in Phenix’s North Addition to the Town of Goldfield; that- the same are a part of the Montezuma mining claim; that the defendant, disregarding the possession of the plaintiffs, on or about the 1st day of October, 1906, entered upon the premises and commenced to dig up and sink and excavate a cellar and to build and construct, and at the time of filing the complaint was building…
2Cases cited23 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Kaiser v. DaltoCalifornia Supreme Court · 1903
- Baron v. . KornNew York Court of Appeals · 1891
- Newell v. SassIllinois Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cook v. Maremont-Holland Co.Nevada Supreme Court · 1959
- Hansen v. EdwardsNevada Supreme Court · 1967
- Hansen v. EdwardsNevada Supreme Court · 1967