Legal Opinion

Short v. Read

Nevada Supreme Court

Decided July 15, 1908No. 1750PublishedCited by 1 opinion

Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. . Ejectment by W. C. Short against T. A. Read. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The facts appear sufficiently in the opinion. I. Appellant made a peaceable entry upon the land and his rights attach from the time that he settled thereon.

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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. . Ejectment by W. C. Short against T. A. Read. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The facts appear sufficiently in the opinion. I. Appellant made a peaceable entry upon the land and his rights attach from the time that he settled thereon. " By section 3 of the act of May 4, 1880 (21 Stats. 141), the right of a party entering land under a homestead law was made to relate back to a time of settlement.” (Maddox v. Burnham, 156…

1Opinion of the Court

By the Court,

Norcross, J.:

This is an action in ejectment to recover possession of what is known as "Scott Island” in the Truckee River, near the City of Reno. Trial was had before the court without a jury, and judgment rendered in favor of plaintiff. Defendant appeals from the judgment and an order denying his motion for a new trial.

The material facts of the case established at the trial are as follows: The shore land on both sides of the river adjacent to the island in controversy was surveyed by the gov*379ernment about tbe year 1863, but up to tbe time of tbis trial tbe island bad never been…

2Cases cited4 opinions

  1. Nash v. McNamaraNevada Supreme Court · 1908
  2. Brown v. KillabrewNevada Supreme Court · 1893
  3. Nickals v. WinnNevada Supreme Court · 1882
  4. Gonder v. MillerNevada Supreme Court · 1891

3Cited by1 opinion

  1. Cornell v. GobinNevada Supreme Court · 1925

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