Wheeler v. Schad
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion of the court. I. Plaintiffs are entitled, under and by virtue of the agreement, to have a lien upon the defendant’s interest in the dam and flume for one-half the amount expended by them in making the repairs.
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Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion of the court. I. Plaintiffs are entitled, under and by virtue of the agreement, to have a lien upon the defendant’s interest in the dam and flume for one-half the amount expended by them in making the repairs. II. ■ The deed made June 5th, 1862, and the agreement made six days thereafter, are cotemporaneous papers affecting the same property, and are to be taken and construed together. III. The agreement constituted a covenant running with the land. 1 Parsons on Contracts, 199;…
1Opinion of the Court
By the Court, Lewis, C. J. :
On the fifth day. of June, A. D. 1862, M. S. Hurd, Ferdinand Dunker and Peter Bossell, being the owners and in possession of a certain mill-site and water privilege, regularly conveyed to Charles Doscher, Charles Itgen, Charles D. McWilliams and William C. Duval a portion thereof, together with the water privilege connected therewith. The grantees entered into possession and erected a quartz mill on the premises thus conveyed. The stream was first conducted to the mill of Hurd and associates, and thence to that of their grantees. On the eleventh day of the same…
2Cited by9 opinions
- Moseley v. BishopIndiana Court of Appeals · 1984
- Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
- Holtzman v. BennettNevada Supreme Court · 1924
- City of Reno v. MatleyNevada Supreme Court · 1963
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