Legal Opinion · Dissent

Treadway v. Sharon

Nevada Supreme Court

Decided July 15, 1871Published

Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against William Sharon and Joseph A. Ri'gby to recover damages for alleged trespass in removing a saw-mill, including its boiler, engine and machinery, from the southeast quarter of section 34, township 16 north, range 19 east, in Ormsby County.

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Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against William Sharon and Joseph A. Ri'gby to recover damages for alleged trespass in removing a saw-mill, including its boiler, engine and machinery, from the southeast quarter of section 34, township 16 north, range 19 east, in Ormsby County. The land is the same which was in controversy in the ease of O'Weale v. Cleveland, reported in 3 Nev. 485. Cleveland, who had been in possession of it, appears to have transferred the occupancy to John R. Knox & Co., Avho put up the saw-mill in 1867, and…

1DissentBy Whitman, J.

The district court rendered a judgment against appellants for the value of certain machinery, by them taken from the land of respondent. The court finds that they removed therefrom “ a certain steam engine, steam boiler, circular saws, and other machinery appurtenant to and belonging to a certain saw-mill situated upon said land ; that the said mill was attached to the soil by foundation planted in the ground, upon which the frame-work of the mill ivas built, and that said engine, boiler, saws and other machinery pertaining to said mill, were attached thereto by being bolted to the frame-work…

2Cases cited8 opinions

  1. Potter v. . CromwellNew York Court of Appeals · 1869
  2. Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
  3. Rising v. StannardMassachusetts Supreme Judicial Court · 1821
  4. Bartholomew v. JacksonNew York Supreme Court · 1822
  5. White v. ArndtSupreme Court of Pennsylvania · 1836

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