Rose v. Richmond Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County. The specification of errors referred to in the opinion are as follows : I. Error of the court in adjudging that the claim, of title and right of possession of the plaintiffs to that portion of the mining lode, claim and. premises in controversy, described in plaintiffs’ complaint as the Uncle Sam, lying between the end lines of the Victoria patented claim of defendant, extending from the quartzite…
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Appeal from the District Court of the Sixth Judicial District, Eureka County. The specification of errors referred to in the opinion are as follows : I. Error of the court in adjudging that the claim, of title and right of possession of the plaintiffs to that portion of the mining lode, claim and. premises in controversy, described in plaintiffs’ complaint as the Uncle Sam, lying between the end lines of the Victoria patented claim of defendant, extending from the quartzite foot wall to the shale hanging wall, and lying southeasterly of the line “ E. L.” drawn qn the diagram exhibit “A,”…
1Opinion of the Court
By the Court,
Hawley, J.:
This action was brought by appellants to determine' the right of possession to certain mining ground.
The cause was tried before the court without a jury. A judgment was rendered in favor of respondent. No motion for a new trial was made. The appeal is taken from the judgment.
Appellants claim that upon the facts found by the court the judgment should have been in their favor.
The following diagram shows the relative positions of the Tip Top, St. George and Yictoria locations, relied upon by respondent, and of the Uncle Sam location, upon which appellants rely :
*45
*46Htom the…
2Cases cited20 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Stark v. StarrsSupreme Court of the United States · 1868
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
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3Cited by26 opinions
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898
- Nelson v. SmithNevada Supreme Court · 1918
- Garthe v. HartCalifornia Supreme Court · 1887
- Swanson v. KettlerIdaho Supreme Court · 1909
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