Chase v. Chase
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Elko County.' The facts appear in the opinion. I. Plaintiff was in possession; possession alone is sufficient to maintain trespass. (Althouse v. Rice, 4E. D. Smith, 347; Smith v. Miles, 1 Term, 480; 2 E. D. Smith, 200.) II. The right of the owner to the possession of his propperty is inalienable and exclusive. (State Const.; Jackson v:R.&B.R.R.,25Y1.150; Walshv. V.-&T. R., 8 Nev. 114.) III.
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Appeal from the District Court of the Seventh Judicial District, Elko County.' The facts appear in the opinion. I. Plaintiff was in possession; possession alone is sufficient to maintain trespass. (Althouse v. Rice, 4E. D. Smith, 347; Smith v. Miles, 1 Term, 480; 2 E. D. Smith, 200.) II. The right of the owner to the possession of his propperty is inalienable and exclusive. (State Const.; Jackson v:R.&B.R.R.,25Y1.150; Walshv. V.-&T. R., 8 Nev. 114.) III. The entry of the defendant was prima facie tortious, and throws upon him the burden of showing a right to enter. The defendant can only…
1Opinion of the Court
By the Court,
Hawley, J.:
The appeal in this case is taken from the judgment of the district, court, sustaining a demurrer to plaintiff’s complaint.
The complaint alleges that plaintiff is “ in the legal and undisputed possession of certain uninclosed lands and tenements situated in Clover Valley, Elko county, Nevada, known as the Chase brothers’ ranch, and that on the third day of May, A. D. 1878, the defendant did wrongfully permit his horses and cattle to go, and that they did go, unrestrained, into and upon the fields and grounds above mentioned, and remain thereon, at their will, throughout…
2Cases cited4 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Headen v. RustIllinois Supreme Court · 1866
- Waters v. MossCalifornia Supreme Court · 1859
- Wills v. WaltersCourt of Appeals of Kentucky · 1869
3Cited by10 opinions
- Maguire v. YankeIdaho Supreme Court · 1978
- Monroe v. CannonMontana Supreme Court · 1900
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
- Hecht v. HarrisonWyoming Supreme Court · 1895
- Poindexter v. MaySupreme Court of Virginia · 1900
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