Legal Opinion

Douglass v. Thompson

Nevada Supreme Court

Decided October 15, 1912No. 2009PublishedCited by 9 opinions

Appeal from the Seventh Judicial District Court, Esmeralda County; Peter J. Somers, Judge. Action by W. J. Douglass, as Trustee, against J. S. Thompson and others. Judgment in favor of defendants, and plaintiff appeals. The facts sufficiently appear in the opinion. The word "recover,” as used in section 5520 of the Revised Laws, relating to mortgages, has reference to an action at law. (Jackson v. Lodge, 36 Cal. 28; Norton v. Winter, 62 Am.

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Appeal from the Seventh Judicial District Court, Esmeralda County; Peter J. Somers, Judge. Action by W. J. Douglass, as Trustee, against J. S. Thompson and others. Judgment in favor of defendants, and plaintiff appeals. The facts sufficiently appear in the opinion. The word "recover,” as used in section 5520 of the Revised Laws, relating to mortgages, has reference to an action at law. (Jackson v. Lodge, 36 Cal. 28; Norton v. Winter, 62 Am. Dec. 297; Atchinson v. Owensboro, 71 S. W. 864; 27 Cyc. 1237; 34 Cyc. 763-4; Black’s Law Diet. 1006; 24 Am. & Eng. Ency. Law, 211.) The general rule…

1Opinion of the Court

By the Court,

Norcross, J.:

This is an action by the plaintiff, appellant herein, to recover a j udgment for rents alleged to be due and owing to plaintiff from the defendants Thompson, Morehouse & Thompson on account of the use and occupancy of *201certain office rooms in a certain building in the town of Goldfield known as “the Nye and Ormsby County Bank Building,” and to quiet plaintiff’s right or title to said rents as against the other defendants, Lockhart and Gilbert. From a judgment entered upon a nonsuit in favor of these defendants, Thompson, Morehouse & Thompson, as against the plaintiff,…

2Cases cited25 opinions

  1. Kortright v. . CadyNew York Court of Appeals · 1860
  2. Teal v. WalkerSupreme Court of the United States · 1884
  3. Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
  4. Spect v. SpectCalifornia Supreme Court · 1891
  5. Dutton v. WarschauerCalifornia Supreme Court · 1863

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3Cited by9 opinions

  1. Alexander v. SimmonsNevada Supreme Court · 1974
  2. Jordan v. JordanSupreme Court of Alabama · 1912
  3. First National Bank in Oklahoma City v. DuncanSupreme Court of Oklahoma · 1927
  4. Gandrud v. HansenSupreme Court of Minnesota · 1941
  5. Golden Press, Inc. v. Pacific Freeport Warehouse Co.Nevada Supreme Court · 1981

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