Lake v. Tolles
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District, Washoe County. The complaint in this action alleged that the plaintiff was the owner in fee and in possession of certain land in Washoe County, known as “Truckee Meadows;” that he and his grantors had been in possession thereof since 1859, and had been seized in fee thereof since 1864; that a stream of water, known as Evans’ Creek, flowed through said land in its natural channel; that in 1859, plaintiff’s…
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Appeal from tbe District Court of tbe Second Judicial District, Washoe County. The complaint in this action alleged that the plaintiff was the owner in fee and in possession of certain land in Washoe County, known as “Truckee Meadows;” that he and his grantors had been in possession thereof since 1859, and had been seized in fee thereof since 1864; that a stream of water, known as Evans’ Creek, flowed through said land in its natural channel; that in 1859, plaintiff’s grantor claimed the use of all the waters of said stream by posting and recording notice of his claim and appropriated all…
1Opinion of the Court
By the Court,
Whitman, C. J.:
Appellant contends that he should have been allowed a jury trial, and claims the refusal as error. The complaint was purely equitable and sufficient probably in any view but certainly unless specially demurred to, save so far as it showed and prayed damage; but this claim was merely incidental to the main issues and was in reality abandoned, as no proof was offered thereon nor any judgment taken therefor.
That the answer raised certain questions as to the rights of property did not, under the constitution of this State or that of the United States, destroy the…
2Cases cited2 opinions
- Lobdell v. SimpsonNevada Supreme Court · 1866
- Covington v. BeckerNevada Supreme Court · 1869
3Cited by10 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Harmon v. Tanner Motor Tours of Nevada, Ltd.Nevada Supreme Court · 1963
- Johnston v. DelayNevada Supreme Court · 1945
- Fabian v. CollinsMontana Supreme Court · 1878
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