Brown v. Killabrew
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Humboldt county. A. E. Cheney, District Judge. The facts sufficiently appear in the opinion. I. The complaint failed to allege that respondent was entitled to'the possession of the land. The possessor of land is not necessarily entitled to the possession. II. The district court had no jurisdiction.
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Appeal from the District Court of the State of Nevada, Humboldt county. A. E. Cheney, District Judge. The facts sufficiently appear in the opinion. I. The complaint failed to allege that respondent was entitled to'the possession of the land. The possessor of land is not necessarily entitled to the possession. II. The district court had no jurisdiction. Public lands cannot be entered in the state of Nevada until the quota of tiie state is full, except under the homestead laws. (U. S. Stat. at Large, Vol. 14, p. 85; Gen. Stats, of Nev. Sec. 29, title, Grants of Land.) I. The courts zealously…
1Opinion of the Court
By the Court,
Murphy, C. J.:
Action of ejectment for the recovery of the possession of one hundred and sixty acres of unsurveyed land. The court found in favor of the plaintiff and against the defendant. A motion for a new trial was overruled and defendant appeals.
The plaintiff bases his right to recover upon prior possession and the fact that the defendant moved onto the land and occupied the house thereon with the consent of the plaintiff. The answer denies the plaintiff’s possession and his right thereto; alleged that in the month of April, 1891, the defendant made a peaceable entry on the…
2Cases cited4 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Rourke v. McNallyCalifornia Supreme Court · 1893
- Gonder v. MillerNevada Supreme Court · 1891
- Reinhart v. BradshawNevada Supreme Court · 1886
3Cited by8 opinions
- Swanson v. KettlerIdaho Supreme Court · 1909
- Tidwell v. Chiricahua Cattle Co.Arizona Supreme Court · 1898
- Tonopah & Goldfield Railroad v. FellanbaumNevada Supreme Court · 1910
- Neal v. KayserArizona Supreme Court · 1909
- Lytle v. DevlinNevada Supreme Court · 1911
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