Courtney v. Turner
Nevada Supreme Court
Appeal from tbe District Court of tbe Eighth Judicial District, Esmeralda County. The facts appear in the opinion. I. In ejectment, the plaintiff recovers on the strength of his own title, and not on tbe weakness of his adversary’s; and to maintain this action, the defendant must be shown to have been in possession of some part of the land in dispute to which the plaintiff was entitled to the possession at tbe commencement of tbe action. II.
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Appeal from tbe District Court of tbe Eighth Judicial District, Esmeralda County. The facts appear in the opinion. I. In ejectment, the plaintiff recovers on the strength of his own title, and not on tbe weakness of his adversary’s; and to maintain this action, the defendant must be shown to have been in possession of some part of the land in dispute to which the plaintiff was entitled to the possession at tbe commencement of tbe action. II. Tbe deed to any portion of the unsurveved public land of the United States government is only operative to the extent of conveying so much land as is…
1Opinion of the Court
By the Court,
Beatty, J.:
This is an action for the recovery of a tract of land. At the close of the trial in the district court the defendants moved for a nonsuit, which motion being overruled, they declined to offer any testimony on their part and the plaintiffs had judgment. Several exceptions to the rulings of the district judge appear in the record, but the only point made in argument by counsel for appellants is, that the testimony for the plaintiffs was insufficient to show any right of possession in them to the demanded premises.
A number of witnesses were examined, whose testimony…
2Cases cited7 opinions
- Coryell v. CainCalifornia Supreme Court · 1860
- Barnes v. SabronNevada Supreme Court · 1875
- English v. JohnsonCalifornia Supreme Court · 1860
- Staininger v. AndrewsNevada Supreme Court · 1868
- Sankey v. NoyesNevada Supreme Court · 1865
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3Cited by4 opinions
- Gordon v. Ross-Higgins Co.Court of Appeals for the Ninth Circuit · 1908
- Silver Peak Mines v. ValcaldaU.S. Circuit Court for the District of Nevada · 1897
- Pendo v. BeakeySouth Dakota Supreme Court · 1902
- Cornell v. GobinNevada Supreme Court · 1925