Lobdell v. Hall
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District. If from any cause, at the time of Lobdell’s appropriation, the waters of Desert Creek were passing down the natural channel to Lobdell’s, the defendants could not, after Lobdell’s appropriation, direct the water or any part of it to his damage, or to the diminution of the quantity claimed by him.
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Appeal from the District Court of the Second Judicial District. If from any cause, at the time of Lobdell’s appropriation, the waters of Desert Creek were passing down the natural channel to Lobdell’s, the defendants could not, after Lobdell’s appropriation, direct the water or any part of it to his damage, or to the diminution of the quantity claimed by him. (Lobdell v. JEall Sg Simpson, 2 Nev.) The instructions given at the instance of the plaintiff, and those given at the instance of the defendant, are inconsistent, and contradictory, and irreconcilable. A new trial should be granted for…
1Dissent 1
Opinion by
2Dissent · LewisLewis, J.
It is declared by Act of Congress that “ no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation, or tribe of Indians within the bounds of the United States, shall be of any validity in law or equity, un less the same be made by treaty or convention entered into pursuant to the Constitution. And it shall be a misdemeanor in any person not employed under the authority of the United States to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian, nation, or tribe of Indians, for the…
3Cases cited3 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Bennett v. ScuttNew York Supreme Court · 1854
- Schroeppel v. ShawNew York Supreme Court · 1849