Treadway v. Wilder
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in theopinion of the court. I. The court erred in denying the defendant a jury. (Nash (Ohio) Pr. & PL 71-2; Bodley y. Ferguson, 30 Cal. 518; 36 N. Y. 569; 57 Id. 162.; 44 Id. 554; 50 Id. 574; Waiver of Jury, sec. 1242 O. 8.) II. Wilder, having occupied adversely for five years after pre-emption was completed and purchase-money paid, had title by prescription against Treadwav.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in theopinion of the court. I. The court erred in denying the defendant a jury. (Nash (Ohio) Pr. & PL 71-2; Bodley y. Ferguson, 30 Cal. 518; 36 N. Y. 569; 57 Id. 162.; 44 Id. 554; 50 Id. 574; Waiver of Jury, sec. 1242 O. 8.) II. Wilder, having occupied adversely for five years after pre-emption was completed and purchase-money paid, had title by prescription against Treadwav. (1 C. L., secs. 1023-24; 50 Mo. 573; 43 Cal. 213.) III. Treadway, having proved up and received his duplicate receipt…
1Opinion of the Court
By the Court,
Leonard, J.:
Twice before, this action has been before this court on appeal. (8 Nev. 95; 9 Id. 69.) The character of the action is stated in the reports above referred to. The issues made by the pleadings at the last trial in the court below were the same as at former trials, with the exception that at the last defendant pleaded the statute of limitations, as follows: “That for more than five years prior to the commencement of this action, and for more than five years *111since tlie plaintiff had a cause of action against the defendant, as alleged in the complaint, this defendant ivas…
2Cases cited18 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- People v. ShearerCalifornia Supreme Court · 1866
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Greason v. . KeteltasNew York Court of Appeals · 1858
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3Cited by8 opinions
- Wren v. DixonNevada Supreme Court · 1916
- Brown v. WarrenNevada Supreme Court · 1881
- State v. ChurchSouth Dakota Supreme Court · 1895
- Tyee Consolidated Mining Co. v. LangstedtCourt of Appeals for the Ninth Circuit · 1905
- Misty Management Corp. v. First Judicial District CourtNevada Supreme Court · 1967
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