Legal Opinion

Reno Brewing Co. v. Packard

Nevada Supreme Court

Decided July 15, 1909No. 1786PublishedCited by 10 opinions

Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. S. A. Pihe, Judge. Action by the Reno Brewing Company against Ira Packard and another. From a judgment for plaintiff, defendant George F. Wells appeals. The facts sufficiently appear in the opinion. I. It is universally held that the plaintiff in ejectment must recover upon the strength of his own title, and will not be permitted to rely on tbe weakness of his adversary.

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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. S. A. Pihe, Judge. Action by the Reno Brewing Company against Ira Packard and another. From a judgment for plaintiff, defendant George F. Wells appeals. The facts sufficiently appear in the opinion. I. It is universally held that the plaintiff in ejectment must recover upon the strength of his own title, and will not be permitted to rely on tbe weakness of his adversary. The reason for ,'this rule is that the person in possession, 'or the prima .facie owner of the property, ought not to be…

1Opinion of the Court

By the Court,

Norcross, C. J.:

This is an action commenced by the above-named respondent against the above-named defendants to have said defendants ejected from certain premises, comprising about five and three-quarters acres of land situated upon the north bank of the Truckee River, and between said bank and the meander line of said river, in section 12, township 19 north, range 19 east, in the County of Washoe.

The defendant I. Packard appeared in the action, and filed a disclaimer of any interest in the premises in controversy, and the case as to him was dismissed. The defendant Wells filed…

2Cases cited16 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  3. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  4. Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
  5. Boorman v. SunnuchsWisconsin Supreme Court · 1877

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3Cited by10 opinions

  1. Faucett v. Dewey Lumber Co.Montana Supreme Court · 1928
  2. Sierra Pacific Power Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1982
  3. McCafferty v. FlinnNevada Supreme Court · 1910
  4. Potts v. VokitsNevada Supreme Court · 1985
  5. Michelsen v. HarveyNevada Supreme Court · 1991

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