Sankey v. Noyes
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District of tlie Territory of Nevada, Storey County, Hon. J. ~W\ North presiding. The facts appear in the opinion of the Court. We think the acts found by the referee, without considering any other circumstances (there being no pretense of abandonment in the case), are sufficient of themselves to constitute such a possession, or ownership, in the defendants as to entitle them to a reversal of judgment in this case.
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Appeal from the District Court of the Eirst Judicial District of tlie Territory of Nevada, Storey County, Hon. J. ~W\ North presiding. The facts appear in the opinion of the Court. We think the acts found by the referee, without considering any other circumstances (there being no pretense of abandonment in the case), are sufficient of themselves to constitute such a possession, or ownership, in the defendants as to entitle them to a reversal of judgment in this case. In a number of cases the Supreme Court of California has decided, in effect, that a substantial enclosure is not necessary to…
1Concurrence
Opinion by
Lewis, C. J., BeoskaN, J.,
concurring.
Two questions are presented for our consideration in this-case.
First — Are the defendants entitled to judgment upon the pleadings, and
Second — Axe the findings pf fact reported by the referee sufficient to warrant a judgment in favor of the plaintiff?
*70There having been no settled statement or motion for new trial, we cannot pass upon the sufficiency of the evidence to warrant the findings; neither can we inquire into any errors of law which may have been committed at the trial.
The complaint contains the usual allegations in ejectment of ownership…
2Cases cited1 opinion
- Plume v. SewardCalifornia Supreme Court · 1854
3Cited by9 opinions
- Clements v. HaysSupreme Court of Alabama · 1884
- Crosby v. PridgenSupreme Court of Alabama · 1884
- Eureka Mining & Smelting Co. v. WayNevada Supreme Court · 1876
- McFarland v. CulbertsonNevada Supreme Court · 1866
- Silver Peak Mines v. ValcaldaU.S. Circuit Court for the District of Nevada · 1897
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