Legal Opinion

Brophy Mining Co. v. Brophy & Dale Gold & Silver Mining Co.

Nevada Supreme Court

Decided January 15, 1880No. 996PublishedCited by 15 opinions

Appeal from the District Court of tbe First Judicial District, Storey County. Tbe facts sufficiently appear in tbe opinion. I. As to wbat constitutes a bona fide purchaser, counsel cite tbe following authorities. (2 Story Eq. Jur., secs. 1282, 1502; 2 Lead. Cas. Eq. 36, 43, 63, 73, 80, 82; Union Canal Co. v. Young, 1 Whart. 432; Jaclcson v. Summerville, 13 Pa. St. 359; Story Eq. PI., sec. 604a; 3 Serg. & B. 422-432; 32 Mass. 87.) II.

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Appeal from the District Court of tbe First Judicial District, Storey County. Tbe facts sufficiently appear in tbe opinion. I. As to wbat constitutes a bona fide purchaser, counsel cite tbe following authorities. (2 Story Eq. Jur., secs. 1282, 1502; 2 Lead. Cas. Eq. 36, 43, 63, 73, 80, 82; Union Canal Co. v. Young, 1 Whart. 432; Jaclcson v. Summerville, 13 Pa. St. 359; Story Eq. PI., sec. 604a; 3 Serg. & B. 422-432; 32 Mass. 87.) II. Tlie money must be wholly paid before notice. (Bump on Fraud. Con. 477; Wade on Notice, secs. 60, 93; Willard’s Eq. Jur. 256, 609; 1 Perry on Trusts, secs.…

1Opinion of the Court

By the Court,

Hawley, J.:

This is an action of ejectment.

Both parties deraign title to the mining claim in contro-. versy from one William Brophy. The material facts are as follows:'

On the fifteenth day of September, 1874, Brophy being then the owner and in possession of the mining ground, executed and delivered to M. C. Sullivan a quitclaim deed for said premises.

This deed, though absolute in form, was intended as a mortgage to secure an existing indebtedness, then due and owing from said Brophy to said Sullivan, and to secure said *105Sullivan for any future indebtedness that might thereafter…

2Cases cited12 opinions

  1. Pell v. McElroyCalifornia Supreme Court · 1868
  2. Hughes v. DavisCalifornia Supreme Court · 1870
  3. Chapman v. SimsMississippi Supreme Court · 1876
  4. Whittick v. KaneNew York Court of Chancery · 1828
  5. Crassen v. SwovelandIndiana Supreme Court · 1864

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Gruber v. BakerNevada Supreme Court · 1890
  2. Berge v. FredericksNevada Supreme Court · 1979
  3. Exon v. DanckeOregon Supreme Court · 1893
  4. McDonald v. FoxNevada Supreme Court · 1889
  5. Strohecker v. Mutual Building & Loan Ass'nNevada Supreme Court · 1934

10 more not listed; retrieve them via the Exa API.

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