Tonopah & Goldfield Railroad v. Fellanbaum
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. ■ Action by the Tonopah and Goldfield Railroad Company against John Doe Fellanbaum and others. Judgment for plaintiff, and defendants appeal. On petition for rehearing. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. ■ Action by the Tonopah and Goldfield Railroad Company against John Doe Fellanbaum and others. Judgment for plaintiff, and defendants appeal. On petition for rehearing. The facts sufficiently appear in the opinion. I. The court erred, as set forth in specification No. 6, in sustaining the objection to the following question: "Do you know whether there were any other people living or residing upon this ground during the period of time that you have described as six…
1Opinion of the Court
By the Court,
Talbot, J.:
Respondent brought this action to recover, and alleged that it was the owner in fee and entitled to the immediate possession of certain pieces or lots of land at the town of Miller, in Esmeralda County, situate in the NE% of SW%, Section 11, Township 3 N., Range 40 E., M. D. M. The answer denied that the respondent owned the land, and denied that the appellants wrongfully or unlawfully withheld the possession, and alleged: "(1) That long prior to August 15, 1907 (the date alleged in the complaint as the time when respondent became seized in fee and entitled to the…
2Cases cited34 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- United States v. EatonSupreme Court of the United States · 1892
- Morrill v. JonesSupreme Court of the United States · 1883
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3Cited by5 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Blaine Fashions, Inc. v. Scheri ShopNevada Supreme Court · 1968
- Read v. the Sirocco Co.Supreme Court of Florida · 1937
- Tonopah & Goldfield Railroad v. FellenbaumNevada Supreme Court · 1912