Earl v. Morrison
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Suit by William H. Earl and others against William H. Morrison and others. Judgment for plaintiffs, and defendants appeal. The complaint does not state a cause of action. It was impossible to ascertain with any certainty the particular portion of land in controversy.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Suit by William H. Earl and others against William H. Morrison and others. Judgment for plaintiffs, and defendants appeal. The complaint does not state a cause of action. It was impossible to ascertain with any certainty the particular portion of land in controversy. By pleading a specific claim to the property the allegations of ownership, right of possession, and possession, are referable to the title pleaded and are nullities standing alone. (Gruwell v. Seybolt, 82 Cal. 7.) Only public mineral lands can be…
1Opinion of the Court
By the Court,
Coleman, J.:
This is a suit to determine the right of possession to a certain portion of the public domain of the United States. Plaintiffs base their right of possession upon *122an alleged location of a placer mining claim; while the defendants rely upon rights asserted pursuant to filings under scrip, claiming that the land is nonmineral in character. In the trial court evidence was introduced by the respective parties to sustain their contentions. Judgment was rendered in favor of the plaintiffs, and defendants have appealed. The only issue in the case below was as to the…
Also in this document: Per curiam.
2Cases cited25 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Lord v. VeazieSupreme Court of the United States · 1850
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3Cited by8 opinions
- Dredge Corp. v. Husite Co.Nevada Supreme Court · 1962
- Miller v. WestNevada Supreme Court · 1972
- Eddingston v. AcomCourt of Appeals of Texas · 1924
- Gardner v. FortNevada Supreme Court · 1956
- Miller v. ThompsonNevada Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.