O'Neale v. Cleaveland
Nevada Supreme Court
This was an appeal from the District Court of the Third Judicial District, Washoe County, Hon. C. N. Harris, presiding. The facts are fully stated in the opinion of the Court. . Land could not be located prior to April 2d, 1867. (Act 1865, p. 174, Secs. 4-5. Act 1866, p. 194, Secs. 3-4.) Under the Act of 1867, Section 12, the parties have equal rights before the law. Neither can in this particular he preferred. (Act 1867, p. 165, Sec. 12.) Act not retrospective.
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This was an appeal from the District Court of the Third Judicial District, Washoe County, Hon. C. N. Harris, presiding. The facts are fully stated in the opinion of the Court. . Land could not be located prior to April 2d, 1867. (Act 1865, p. 174, Secs. 4-5. Act 1866, p. 194, Secs. 3-4.) Under the Act of 1867, Section 12, the parties have equal rights before the law. Neither can in this particular he preferred. (Act 1867, p. 165, Sec. 12.) Act not retrospective. (Milliken v. Shat, 1 Nev. 577, 578.) The land in question was “ claimed under State law,” and is therefore not liable to be located…
1Opinion of the Court
Opinion by
Beatty, C. J., Lewis, J., and Johnson, J.,
concurring specially.
This is a contest under the provisions of an Act entitled “ An Act to provide for the Selection and Sale of Lands granted by the United States to-the State of Nevada,” approved April 2d, 1867.
*490The question to be determined is, whether O’Neale or Cleave-land shall have the preferred right to purchase a certain quarter section of land.'
The facts appear to be, that in the winter or spring of 1866, Cleaveland built a cabin on the quarter section of land in controversy, repaired an old inclosure containing something like an…
2Cases cited1 opinion
- Hoopes v. MeyerNevada Supreme Court · 1865
3Cited by3 opinions
- Walsh v. WallaceNevada Supreme Court · 1902
- Kent v. KentNevada Supreme Court · 1992
- Walsh v. WallaceNevada Supreme Court · 1902