Chollar-Potosi Mining Co. v. Kennedy
Nevada Supreme Court
Appeal.from the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding. The facts are fully stated in the opinion. The laying out, grading and using the road for five years, made a full and complete possessory title to the land over which the road actually passed, and this possession being open and notorious, was adverse to all the world. (Stat. Lim. Secs. 5 and 10; Ang. on Dim.
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Appeal.from the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding. The facts are fully stated in the opinion. The laying out, grading and using the road for five years, made a full and complete possessory title to the land over which the road actually passed, and this possession being open and notorious, was adverse to all the world. (Stat. Lim. Secs. 5 and 10; Ang. on Dim. Secs. 388-390, and note ; 11 Peters, U. S. 53 ; 5 lb. 402 ; 6 Pick. 172; 4 Wharton, Pa. 259.) Section 21 does not make any exception applicable to this case. The language of Sec.…
1Opinion of the Court
Opinion by
Beatty, C. J., Lewis, J.,
concurring specially.
In the year 1860 certain parties took steps to appropriate and take up for private use a portion of public land in or near Virginia City.
Subsequently, in April and May of 1861, the Potosi Company, a mining association, laid out* and built a road through the same *367land. Since then the Potosi Company has been consolidated with the Chollar Company, and the two are now incorporated as the Chollar-Potosi .Company.
The Potosi Company and the Chollar-Potosi Company have continued since May, 1861, to use and enjoy that road, and have suffered all…
2Cases cited1 opinion
- Wood v. Truckee Turnpike Co.California Supreme Court · 1864
3Cited by14 opinions
- Cope v. DavisonCalifornia Supreme Court · 1947
- Glantz v. GabelMontana Supreme Court · 1923
- State v. Central Pacific RailroadNevada Supreme Court · 1875
- Boyd v. McDonaldNevada Supreme Court · 1965
- Howard v. WrightNevada Supreme Court · 1914
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