Clark v. Mitchell
Nevada Supreme Court
Appeal from the Seventh Judicial District Court, Esmeralda County; Peter J. Somers, Judge. Action by H. E. Clark and E. L. Stingley against M. Mitchell and others. Judgment for defendants and plaintiffs appeal. The facts sufficiently appear in the opinion.
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Appeal from the Seventh Judicial District Court, Esmeralda County; Peter J. Somers, Judge. Action by H. E. Clark and E. L. Stingley against M. Mitchell and others. Judgment for defendants and plaintiffs appeal. The facts sufficiently appear in the opinion. Mitchell having obtained his information from Clark and having agreed to perform the annual labor on the Silver King Fraction claim, and after having started to perform such labor and entered into a fiduciary relation with Clark and Stingley, cannot be heard to say that the latter’s title was defective and for that reason he took the ground…
1Opinion
On Petition for Rehearing
By the Court,
Talbot, C. J.:
This case was considered in connection with the one of H.'E. Clark against the same defendants, No. 1984, and the findings and decisions in both cases appear in this volume (pages 447-464 and 464-467). After having given the petitions for rehearing careful consideration, we are still of the opinion that both cases should be remanded, but we will elaborate the decisions reached, and make the *468directions to the district court more specific. ■ We adhere to the conclusion that under the agreement between Clark and Mitchell, by which Mitchell…
2Cases cited13 opinions
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Morris v. SmithTennessee Supreme Court · 1849
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Lush v. DruseNew York Supreme Court · 1830
- Calhoun Gold Mining Co. v. Ajaz Gold Mining Co.Supreme Court of the United States · 1901
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