Wright v. Cradlebaugh
Nevada Supreme Court
The question here is, who had the right of possession to the lots in controversy, when the town site was entered ? None but an actual occupant, or one deriving his title from an occupant, could lay claim to these lots. What acts are necessary to constitute an occupancy, must be determined by the settled adjudication of the State.
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The question here is, who had the right of possession to the lots in controversy, when the town site was entered ? None but an actual occupant, or one deriving his title from an occupant, could lay claim to these lots. What acts are necessary to constitute an occupancy, must be determined by the settled adjudication of the State. The occupancy of the lot by Cradlebaugh in 1865, and his continued possession for some time, even up to the time of entry by the trustee, is clearly proved. This being a prima facie case, can only be overcome by proof of some prior occupancy, or proof that he…
1Opinion of the Court
*345Opinion by
Beatty, C. J., Lewis, J.,
concurring,
and Johnson, J.,
concurring specially.
This was a proceeding under the provisions of an Act approved January 31st, 1866, “ prescribing rules and regulations for the execution of the trust arising under the Act of Congress, entitled i An Act for the relief of citizens of towns upon lands of the United States under certain circumstances,’ approved May 24th, 1844.”
Each party filed a claim for the same piece of property, and demanded a deed therefor from the District Judge of the Second Judicial District. The case came on for trial before the District…
2Cases cited1 opinion
- Terrill v. GrovesCalifornia Supreme Court · 1861
3Cited by22 opinions
- State v. FouquetteNevada Supreme Court · 1950
- Eustis v. City of HenriettaTexas Supreme Court · 1897
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Spiech v. TierneyNebraska Supreme Court · 1898
- Southern Cotton Oil Co. v. RainesSupreme Court of Georgia · 1930
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