South End Mining Co. v. Tinney
Nevada Supreme Court
Appeal from District Court, Lyon county; Richard Rising, District Judge: Action of ejectment to recover possession of a piece of mining ground, 1,100 feet in length by 400 feet in width, including the Comet ledge, to which the plaintiff alleges title in fee since March, 1888, and ouster by defendants in March, 1891, and to obtain an injunction perpetually enjoining the defendants from trespassing upon or removing ore from said mining ground.
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Appeal from District Court, Lyon county; Richard Rising, District Judge: Action of ejectment to recover possession of a piece of mining ground, 1,100 feet in length by 400 feet in width, including the Comet ledge, to which the plaintiff alleges title in fee since March, 1888, and ouster by defendants in March, 1891, and to obtain an injunction perpetually enjoining the defendants from trespassing upon or removing ore from said mining ground. The answer denies the plaintiff’s ownership, but admits that the plaintiff obtained a patent for the ground from the United States on March 29, 1888, and…
1Opinion of the Court
Bigelow, J.,
after stating the facts:
The complaint in this action has a double aspect. It states, first, a cause of action in ejectment; and, secondly, an equitable cause of action to obtain an injunction to restrain certain trespasses threatened by the defendants. To these the answer attempts to plead, among other things, an equitable defense. Of the right of the defendants to set up an equitable defense to an action for the possession of lands there can be no question, and as to this defense the case is to be tried in the same manner and upon the same principles that would apply to an…
2Cases cited30 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Belk v. MeagherSupreme Court of the United States · 1881
- Johnson v. TowsleySupreme Court of the United States · 1871
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
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- Lombardo Turquoise Milling & Mining Co., Inc. v. HemanesDistrict Court, D. Nevada · 1977
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