Silver Mining Co. v. Fall
Nevada Supreme Court
Appeal from tbe District Court of the Fifth Judicial District, Humboldt County. This was an action against John 0. Fall and D. H. Temple, for •the recovery of a silver-bearing lode, claimed to be a portion of the Arizona Ledge near the town of Unionville, in Humboldt County, and for an injunction to restrain them from working it. The issues having been submitted to a jury, there was a verdict and judgment for defendants. Plaintiff appealed from the judgment.
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Appeal from tbe District Court of the Fifth Judicial District, Humboldt County. This was an action against John 0. Fall and D. H. Temple, for •the recovery of a silver-bearing lode, claimed to be a portion of the Arizona Ledge near the town of Unionville, in Humboldt County, and for an injunction to restrain them from working it. The issues having been submitted to a jury, there was a verdict and judgment for defendants. Plaintiff appealed from the judgment. I. The idea that the Court directed a consideration of the fact only as to whether the plaintiff had proved conclusively that a certain…
1Opinion of the Court
By the Court,
Lewis, C. J.:
The parties to this action having had some controversy concerning their respective rights upon a certain quartz ledge, on the 20th *120day of April, a.d. 1869, for the purpose of compromising the difficulty, each executed to the other a deed of conveyance, whereby the plaintiff conveyed to the defendants all its right, title and interest-in the Arizona ledge, lying south of a designated point, together with all the spurs and angles; and Fall and Temple, in return, executed a deed to the plaintiff, which declares: “ That the said parties of the first part (Fall and…
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