Tonopah & Goldfield Railroad v. Fellanbaum
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. ■ Action by the Tonopah and Goldfield Railroad Company against John Doe Fellanbaum and others. Judgment for plaintiff, and defendants appeal. On petition for rehearing. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. ■ Action by the Tonopah and Goldfield Railroad Company against John Doe Fellanbaum and others. Judgment for plaintiff, and defendants appeal. On petition for rehearing. The facts sufficiently appear in the opinion. I. The court erred, as set forth in specification No. 6, in sustaining the objection to the following question: "Do you know whether there were any other people living or residing upon this ground during the period of time that you have described as six…
1DissentNoecross, C. J.
Defendants at the date of the issuance of the patent under which plaintiff claims were occupants and in such possession thereof that the land in controversy upon said date could not be regarded as vacant land within the meaning of the acts of Congress governing the issuance of such patents. (Act of June 4, 1897, c. 2, 30 Stats. 36; Act of June 6, 1900, c. 791, 31 Stats. 588, 614; Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, 50 C. C. A. 79, 61 L. R. A. 230; Shaw v. Kellogg, 170 U. S. 312, 18 Sup. Ct. 632, 42 Pac. 1050; Kern Oil Co. v. Clark, 30 Land Dec. Dep. Int. 550, 555.) There…
2Cases cited13 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- Moore v. RobbinsSupreme Court of the United States · 1878
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
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