South End Mining Co. v. Tinney
Nevada Supreme Court
Appeal from District Court, Lyon county; Richard Rising, District Judge: Action of ejectment to recover possession of a piece of mining ground, 1,100 feet in length by 400 feet in width, including the Comet ledge, to which the plaintiff alleges title in fee since March, 1888, and ouster by defendants in March, 1891, and to obtain an injunction perpetually enjoining the defendants from trespassing upon or removing ore from said mining ground.
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Appeal from District Court, Lyon county; Richard Rising, District Judge: Action of ejectment to recover possession of a piece of mining ground, 1,100 feet in length by 400 feet in width, including the Comet ledge, to which the plaintiff alleges title in fee since March, 1888, and ouster by defendants in March, 1891, and to obtain an injunction perpetually enjoining the defendants from trespassing upon or removing ore from said mining ground. The answer denies the plaintiff’s ownership, but admits that the plaintiff obtained a patent for the ground from the United States on March 29, 1888, and…
1DissentMurphy, C. J.
This is an action of ejectment brought by the South End Mining Company, in the district court in and for Lyon county, for a mining claim situated in the Devil’s Gate and Chinatown mining district, Lyon county, Nevada, being 400 feet in width and 1,100 feet in length.
The complaint is in the ordinary form in ejectment, coupled with a prayer for an injunction and $500 damages, and alleges that on the-day of March, 1888, the plaintiff was and is now the owner in fee simple of the ground in controversy.
To this complaint the defendants answered, setting up general denials, and pleading affirmative…
2Cases cited45 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- Moore v. RobbinsSupreme Court of the United States · 1878
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