McFarland v. Culbertson
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Washoe County, Hon. C. C. Goodwin presiding. The facts are stated in the Opinion. The evidence was insufficient to support the verdict. No possession under any statutory provision was proved, and no actual occupation was shown. (Murphy v. Walling sfor d, 6 Cal. 649, and Kile v. Tubbs, 23 Cal. 435.) The verdict was against law, because it was contrary to the instructions of the Court.
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Appeal from the District Court of the Fourth Judicial District, Washoe County, Hon. C. C. Goodwin presiding. The facts are stated in the Opinion. The evidence was insufficient to support the verdict. No possession under any statutory provision was proved, and no actual occupation was shown. (Murphy v. Walling sfor d, 6 Cal. 649, and Kile v. Tubbs, 23 Cal. 435.) The verdict was against law, because it was contrary to the instructions of the Court. The Court erred in instructing the jury that the certificate of the Register of the United States Land Office was not evidence of possession.…
1Opinion of the Court
Opinion by
Lewis, C. J., Beatty, J., concurring.
This is an action of ejectment brought by respondent to recover possession of a tract of timber land located in the county of War shoe, and containing about six hundred and forty acres. The defendants deny the plaintiff’s ownership and right of possession, and two of them, Hughes and Barney, plead ownership and right of possession in themselves, each to a quarter section of the premises in dispute. The trial was had by a jury, and the verdict and judgment were for the plaintiff. Defendants appeal. The testimony presented by the record clearly…
2Cases cited1 opinion
- Sankey v. NoyesNevada Supreme Court · 1865
3Cited by5 opinions
- United States v. 10.95 Acres of Land in JuneauDistrict Court, D. Alaska · 1948
- Rivers v. BurbankNevada Supreme Court · 1878
- Eureka Mining & Smelting Co. v. WayNevada Supreme Court · 1876
- Courtney v. TurnerNevada Supreme Court · 1877
- Pendo v. BeakeySouth Dakota Supreme Court · 1902