Patchen v. Keeley
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lincoln County. The facts are stated in the opinion, with the exception of the question raised as to the statement on appeal, and this is embodied in the first head-note. I. The court erred in excluding the evidence of plaintiff as to his actual occupation and possession of the locus in quo.
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Appeal from the District Court of the Sixth Judicial District, Lincoln County. The facts are stated in the opinion, with the exception of the question raised as to the statement on appeal, and this is embodied in the first head-note. I. The court erred in excluding the evidence of plaintiff as to his actual occupation and possession of the locus in quo. Actual possession is prima facie evidence of title, and, even if wrongful, is sufficient to base an action upon as against a naked trespasser, and no rights are claimed by defendants in their answer. (Attwood v. Fricot, 17 Cal. 38;1 English v.…
1Opinion of the Court
By the Court,
Leonard, C. J.:
This was an action of trespass quare clausum fregit. Plaintiff alleged in his complaint that since January 1,1883, he had been, and then was, the owner and in possession of the Gold Lode mining claim, particularly described; that on the ninth day of March, 1885, without leave or license of plaintiff, defendants broke and entered said described close, and commenced to dig up, reduce, and remove, and had ever since continued to do so, large quantities of earth, rock, and earthy material containing gold, silver, lead, and other metals of great value, and converted and…
2Cases cited20 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Campbell v. RankinSupreme Court of the United States · 1879
- Parker v. GriswoldSupreme Court of Connecticut · 1845
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3Cited by13 opinions
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Sharkey v. CandianiOregon Supreme Court · 1905
- McCafferty v. FlinnNevada Supreme Court · 1910
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
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