Gruber v. Baker
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lyon County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The decision of the district court, upon the evidence and findings, should have been in favor of appellants. (Evidence reviewed.) II. The district court erred in permitting this case to be tried without making Adam Bay a party thereto. He was the real party in interest.
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Appeal from the District Court of the State of Nevada, Lyon County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The decision of the district court, upon the evidence and findings, should have been in favor of appellants. (Evidence reviewed.) II. The district court erred in permitting this case to be tried without making Adam Bay a party thereto. He was the real party in interest. Respondent was at the time of the commencement of this action a mere nominal trustee for Adam Bay, and the latter should have been a party. '(1 Dan. Ch. Pr. 220; Barb. Part. 431, 439; Pom.…
1Opinion of the Court
By the Court,
Murphy, J.:
This is a bill in equity to set aside deeds made by Caroline Gruber and A. A. Pollard to Joseph Munckton, and from Munckton to W. H. Baker, and to have the same canceled, annulled, and declared void, on the grounds that the same were •obtained by fraud and inadequacy of consideration. The complainant avers that on the third day of December, 1887, Oest, ■Pollard, and Caroline Gruber were the owners, as tenants in -common, of a mining claim, situate in the Devil’s Gate and Chinatown mining district, at Silver City; Lyon county, Nevada, known and commonly called the “…
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