Rogers v. Cooney
Nevada Supreme Court
Appeal from the District-Court of the Third Judicial District, Lyon County. The claim taken up by the plaintiffs, John L. Rogers, Richard Trotter and John R. Rogers, consisted of a tract of land containing one hundred and twenty-two acres in Lyon County. The facts are stated in the opinion. I. Plaintiffs cannot recover upon the weakness of defendant’s rights; but must recover, if at all, upon the strength of their own.
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Appeal from the District-Court of the Third Judicial District, Lyon County. The claim taken up by the plaintiffs, John L. Rogers, Richard Trotter and John R. Rogers, consisted of a tract of land containing one hundred and twenty-two acres in Lyon County. The facts are stated in the opinion. I. Plaintiffs cannot recover upon the weakness of defendant’s rights; but must recover, if at all, upon the strength of their own. Unless the tailings sued for were the property of plaintiffs, judgment must go for defendant, because the defendant had reduced such tailings to his possession by gathering…
1Opinion of the Court
By the Court,
Lewis, C. J.:
Trespass for entering upon a tract of land and removing there from certain tailings claimed by the respondents. The judgment below was for the plaintiffs, awarding to them eight hundred dollars damages, and enjoining the defendant from a repetition of the acts complained of. The learned judge below found that upon the twenty-first day of March, a. d. 1870, the plaintiffs entered upon the land in question, which is a long narrow tract, upon which the tailings were deposited; caused a survey thereof to be made and recorded, and marked the boundaries by red posts firmly…
2Cases cited2 opinions
- English v. JohnsonCalifornia Supreme Court · 1860
- Hess v. WinderCalifornia Supreme Court · 1866
3Cited by10 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Patchen v. KeeleyNevada Supreme Court · 1887
- Rivers v. BurbankNevada Supreme Court · 1878
- Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1897
- Rhodes Mining Co. v. Belleville Placer Mining Co.Nevada Supreme Court · 1910
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