Deno v. Griffin
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lincoln County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. The judgment, upon the facts agreed upon, should have been for the plaintiff. The issuance of the patent to defendant, and its validity were put in issue, and the burden of establishing its validity was upon the defendant. (Rose v. Richmond M. Gó., 17 Rev. 25; 1 Green. Ev., Sec. 74; Gilson v. Price, 18 Nev. 117.) II.
Read the full summary
Appeal from the District Court of the State of Nevada, Lincoln County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. The judgment, upon the facts agreed upon, should have been for the plaintiff. The issuance of the patent to defendant, and its validity were put in issue, and the burden of establishing its validity was upon the defendant. (Rose v. Richmond M. Gó., 17 Rev. 25; 1 Green. Ev., Sec. 74; Gilson v. Price, 18 Nev. 117.) II. The facts agreed upon show that the patent of defendant was void. In order to overcome the admitted infirmities of the patent, it was…
1Opinion of the Court
By the Court,
Murphy, J.:
This is an action of trespass quare domstvm tregit upon a mining claim particularly described in the complaint, situated in the Bristol mining district, Lincoln county, hfev. The defendant in his amended answer denies the ownership and right of possession of the plaintiff, and avers that he is the owner of the title in fee to the Great Eastern mine, by patent from the government of the United States. The cause was tiled before the court, without a jury.
It appears from the statement of facts that on the 4th day of October, A. I). 1877, A. Bickai’d, a citizen of the…
2Cases cited8 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Stark v. StarrsSupreme Court of the United States · 1868
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- Gwillim v. DonnellanSupreme Court of the United States · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Murray v. PolglaseMontana Supreme Court · 1899
- South End Mining Co. v. TinneyNevada Supreme Court · 1894
- Smith v. WheelerDistrict Court, D. Alaska · 1915