Legal Opinion

Gonder v. Miller

Nevada Supreme Court

Decided July 5, 1891No. 1338PublishedCited by 3 opinions

Appeal from the District Court of the State of Nevada, White Pine county. T. R. Wells, District Judge. The facts sufficiently appear in the opinion. I. No claim is made that defendant had acquired any right to the possession of the land in question.. Nor has it been shown that he was qualified to enter upon or acquire the title to the same from the government of the United States or the state of Nevada, or that he is a citizen of the United States.

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Appeal from the District Court of the State of Nevada, White Pine county. T. R. Wells, District Judge. The facts sufficiently appear in the opinion. I. No claim is made that defendant had acquired any right to the possession of the land in question.. Nor has it been shown that he was qualified to enter upon or acquire the title to the same from the government of the United States or the state of Nevada, or that he is a citizen of the United States. So far as the record shows, he was a mere naked trespasser, and plaintiff having been in the undisputed prior possession of the land, inclosed and…

1Opinion of the Court

By the Court,

Belknap, 0. J.:

This is an action of ejectment for the recovery of the possession of a tract of unsurveyed government land containing about forty acres.

Plaintiff introduced testimony tending to prove prior possession of the demanded premises, and an ouster, and rested his case. No evidence was introduced tending to show the nature of defendant's claim. A motion for nonsuit was granted, upon the ground that plaintiff had not acquired, nor shown any intention of acquiring, the government title to the land. In support of the ruling, respondent relies upon the provisions of an act of…

2Cases cited1 opinion

  1. Atherton v. FowlerSupreme Court of the United States · 1878

3Cited by3 opinions

  1. Brown v. KillabrewNevada Supreme Court · 1893
  2. Tidwell v. Chiricahua Cattle Co.Arizona Supreme Court · 1898
  3. Short v. ReadNevada Supreme Court · 1908

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