De Lamar's Nevada Gold Mining Co. v. Nesbitt
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEVADA. This was a suit begun in the District Court for the Fourth Judicial District of Nevada by Nesbitt as part owner of the Fraction mine, .against one William Davidson, the alleged locator of the Sleeper mining claim, covering the same ground as the Fraction mine, to quiet plaintiff’s title and.that of his co-tenants to the Fraction mine, and to recover a money judgment against the defendant.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEVADA. This was a suit begun in the District Court for the Fourth Judicial District of Nevada by Nesbitt as part owner of the Fraction mine, .against one William Davidson, the alleged locator of the Sleeper mining claim, covering the same ground as the Fraction mine, to quiet plaintiff’s title and.that of his co-tenants to the Fraction mine, and to recover a money judgment against the defendant. The complaint alleged that the plaintiff .and his coowners wei’e tenants in common, and since May 15, 1892, had been in possession of the Fraction mining…
1Opinion of the CourtJustice Brown
Defendant, known as De Lamar’s Nevada Gold Mining Company, (hereinafter referred to as the mining company,) claims title to the property in question through an application filed by Davidson in the land'office at Carson City, in pursuance of Kev. Stat. § 2325, for a patent to the Sleeper mine, against the issue which patent plaintiff Nesbitt filed an adverse claim as to so much of the Sleeper mine as was embraced within the boundaries of the Fraction mine.
Plaintiff Nesbitt took title to the Fraction mine through a location made May 12, 1892, by W. De Beque, H. Stevens and A. Borth, who, it…
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