Rodgers v. Carpenter
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Elizabeth A. Rodgers, executrix of the last will and testament of Arthur Rodgers, deceased, against L. N. Carpenter. In the course of the trial, Millie L. Rodgers, sometimes known as Malvine Rodgers, was substituted as plaintiff. From a judgment for defendant, and an order denying a new trial, plaintiff appeals.
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Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Elizabeth A. Rodgers, executrix of the last will and testament of Arthur Rodgers, deceased, against L. N. Carpenter. In the course of the trial, Millie L. Rodgers, sometimes known as Malvine Rodgers, was substituted as plaintiff. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. The burden of proving adverse possession is always upon the person who relies upon it. Collins v. Riley, 104 U. S. 328; Ball v. Kehl, 30 Pac. 780; S. P. Co. v. Whitaker, 41 Pac. 1083. The…
1Opinion of the Court
By the Court,
Sanders, J.:
Elizabeth A. Rodgers brought this action in 1914 as executrix of the last will and testament :of Arthur Rodgers, deceased, in the district court of Humboldt County, to quiet title to the north half of the northwest quarter of section 11, township 26 north, range 31 east, M. D. B. & M. She alleges that her testator, Arthur Rodgers, in his lifetime and at the time of his death was the owner and seized in fee of said lands.
The defendant, L. N. Carpenter, denies by his answer the ownership and seizin of plaintiff’s testator, and for further answer and by way of…
2Cases cited5 opinions
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
- Toltec Ranch Co. v. CookSupreme Court of the United States · 1903
- McDonald v. FoxNevada Supreme Court · 1889
- Toltec Ranch Co. v. BabcockUtah Supreme Court · 1901
- Toltec Ranch Co. v. BabcockSupreme Court of the United States · 1903
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