Layton v. Farrell
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts of this case, as found in the cnurt below, are as follows: The land in dispute is the north-west quarter of section sixteen, in township forty-one, north of range forty-three east, Mount Diablo base and meridian, containing one hundred and sixty acres. It is agricultural land.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts of this case, as found in the cnurt below, are as follows: The land in dispute is the north-west quarter of section sixteen, in township forty-one, north of range forty-three east, Mount Diablo base and meridian, containing one hundred and sixty acres. It is agricultural land. On the 19th day of June, A. D. 1873,. said land was unoccupied; and on the 20th of said month the defendant Farrell took peaceable possession of said land, and remained in peaceable possession thereof until April 6th, a.d. 1875;…
1Opinion of the Court
*455By tlie Court,,
Hawley, C. J.:
The decision in this case involves a construction of the seventh section of the enabling act. (Stat. 1864-5, 37, sec. 7.)
When does the title vest in the state to the sixteenth and thirty-sixth sections granted by said act? This identical question was presented to the court in the case of Heydenfeldt v. Daney, G. S. & M. Co. (10 Nev. 290), and all the authorities bearing upon the subject were then carefully examined; but the decision finally turned upon other grounds, and the question was, by a majority of the court, left undecided.
Upon a review of the authorities…
2Cases cited4 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- State ex rel. Wall v. BlasdelNevada Supreme Court · 1868
- Railroad Company v. Fremont CountySupreme Court of the United States · 1870
- Heydenfeldt v. Daney Gold & Silver Mining Co.Nevada Supreme Court · 1875
3Cited by1 opinion
- Shoemaker v. HatchNevada Supreme Court · 1878