Legal Opinion · Dissent

Blasdel v. Williams

Nevada Supreme Court

Decided January 15, 1874Published

Appeal from the District Court of the Third Judicial District, Esmeralda County. This was an action brought by H. G. Blasdel and A. J. Pope to quiet their title to certain lodes or ledges of gold and silver bearing quartz, known as the Dolores, Potosi, Grant, ¿Etna, and Empire lodes, respectively, in the Wilson Mining District, Esmeralda County.

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Appeal from the District Court of the Third Judicial District, Esmeralda County. This was an action brought by H. G. Blasdel and A. J. Pope to quiet their title to certain lodes or ledges of gold and silver bearing quartz, known as the Dolores, Potosi, Grant, ¿Etna, and Empire lodes, respectively, in the Wilson Mining District, Esmeralda County. The' complaint, after alleging that plaintiffs have legal title and are the owners and in possession of th® property, avers that defendant “clajms an estate and interest in said real property adverse to the plaintiffs’ right and a cloud upon their…

1DissentBy Hawley, J.

Under the pleadings and proofs in this case as presented by the record, I think that the burden of proof was upon the defendant to prove his adverse claim. The answer admits that the defendant claims an estate and interest in the property adverse to the plaintiffs. The defendant’s denial *172of the averments in plaintiffs’ complaint that “he has no legal interest or estate in said property or any part thereof, or valid claim or title thereto, or that his claim is without right or void,” is equivalent to an affirmative allegation that he has a valid claim.

The statute, under which this suit was…

2Cases cited4 opinions

  1. Curtis v. SutterCalifornia Supreme Court · 1860
  2. Head v. FordyceCalifornia Supreme Court · 1860
  3. Crook v. ForsythCalifornia Supreme Court · 1866
  4. Barnard v. SimmsNew York Supreme Court · 1864

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