Heydenfeldt v. Daney Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbe facts are sufficiently stated in tbe opinion. I. The land in question, being isart of tbe sixteenth section, was granted to the State-of Nevada by section seven of the enabling act of 1864. The patent issued by the State makes a prima facie case for the plaintiff.
Read the full summary
Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbe facts are sufficiently stated in tbe opinion. I. The land in question, being isart of tbe sixteenth section, was granted to the State-of Nevada by section seven of the enabling act of 1864. The patent issued by the State makes a prima facie case for the plaintiff. It cannot be denied that if the grant be a present grant, in the proper and legal signification of the word present, the land then passed to the State by the act granting it, and at the time it became a law. It becomes necessary, therefore, to inquire…
1Opinion of the Court
*308By the Court,
Hawley, 0. J.:
This is an action of ejectment to recover a portion of tlie west half of the southwest quarter of section sixteen, township sixteen, range twenty-one east, Mount Diablo base and meridian. The appellant claims title under a patent issued to his grantors and predecessors in interest by the State of Nevada, on the 14th day of July, 1868, under and by virtue of the statute authorizing the conveyance of lands granted to the State by the seventh section of the enabling act of Congress, entitled “An act to enable the people of Nevada to form a constitution and State…
2Cases cited3 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Higgins v. HoughtonCalifornia Supreme Court · 1864
3Cited by9 opinions
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- State v. McNeilNevada Supreme Court · 1931
- United States v. 111.2 ACRES OF LAND, MORE OF LESS IN FERRY COUNTY, WASH.District Court, E.D. Washington · 1968
- Je Dunn Northwest, Inc. v. Corus Const. VentureNevada Supreme Court · 2011
- United States v. BlendaurCourt of Appeals for the Ninth Circuit · 1904
4 more not listed; retrieve them via the Exa API.