Nickals v. Winn
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County. The case was presented to the district court -upon the following agreed statement of facts, viz: I. The land mentioned in the complaint, as that on which the hay in question was grown and cut, is within the inclosure, a wire fence about four feet high, placed around by the plain-, tiff, which inclosure has existed around said land, together with a large quantity of other pastura,ge an#d hay land,…
Read the full summary
Appeal from the District Court of the Sixth Judicial District, Eureka County. The case was presented to the district court -upon the following agreed statement of facts, viz: I. The land mentioned in the complaint, as that on which the hay in question was grown and cut, is within the inclosure, a wire fence about four feet high, placed around by the plain-, tiff, which inclosure has existed around said land, together with a large quantity of other pastura,ge an#d hay land, for several years, and still is existing. The plaintiff, for more than five years past, until the entry of defendant upon…
1Opinion of the Court
By the Court,
Belknap, J.:. The plaintiff was in the possession of a large tract of unpatented land, which he had inclosed and was cultivating. He failed to avail himself of the benefits conferred by the preemption laws of the United States upon the first settler upon public lands, and, after the expiration of the period within which his prior right of entry and purchase could have been exercised, the defendant entered upon one hundred and sixty acres of the land and settled thereon. At the time of his entry defendant was entitled to purchase unappropriated public lands, as provided by the…
2Cases cited5 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Atherton v. FowlerSupreme Court of the United States · 1878
- Hosmer v. WallaceSupreme Court of the United States · 1879
- Trenouth v. San FranciscoSupreme Court of the United States · 1880
3Cited by8 opinions
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- Empire State-Idaho Mining & Developing Co. v. Bunker Hill & Sullivan Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1902
- Nash v. McNamaraNevada Supreme Court · 1908
- Tonopah & Goldfield Railroad v. FellanbaumNevada Supreme Court · 1910
- Reinhart v. BradshawNevada Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.