The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-08-04
IMPORTANT DECISIoN.-An import

ant decision HAS ttth
supreme Court in the case of Aaron
D.. Treadway, plaintiff n respo'''-
ept. VS.. VIM. Sharon ct ais, defend
ants and appellants. The OPINION Is
hy Justice CARRIER. Chief Justice Lewis
OBSERVATION-DISCLOSURES Whitman dissent
ING. The suit was for compensatory
DAMAGES. amounting to about $500.
for the removal of a steam saw mil
by Sharon ct al. from land purchased
from the State 10y Treadwav. The
Court below held hat the mill or ma
chinerv was annexed to the free
hold" and therefore became a part OF
the realty. and awarded damages for
its removal accordingly. The Judg-
ment and order of the Court below Is
affirmed. The Supreme Court holds
that the boiler and engine i'll contro-
yerSy were actually and firmly an
neNed to the soil, solo inteNo. IN the
strictest sense of the term, and that
the other articles. II not actually were
constructivelv annexed, and follow
the nature OF Inc IiIlCtId' t'Ap''' -
the machinery a. essential parts OF
one entire construction Appellants
set up the defense that the mill was
erected for a temporary purpose, and
that the intention Was To reniove 1t
whenever tn. timber in the vicinity
became exhausted. The Court holds
that ii i the annexation To the son.
and not the Intention, which con
trolls i'll >uch cases, a. SHOWN
bv the law a. TO young Trees
temporarily set out in a nursery ai"'
intended for transportation and sale;
such trees, 10y the act OF a~uneNatirn,
independent of the intention OF the
planter. becoming a part Of the realty,
and going with the land To the heir
and passing to Il Ncndet OF the iahu.
If, says the Court. this machinery MAS
personal property alter aiile\at'ol''
common law larceny could have been
committed of il; hu- not even growing
corn Is the suhject OF such felony, he
cause it il annexed to the freehold.
Atthe time the mill was erected, and
for more than Il year thereafter, cnit-
tlnue> the Court, The land described
in the complaint MAS pubic land oil
the United States. and consequently
during all that time The parties erect
Ing and running the nlil were naked
lre>pa>>erS. The Court holds that The
mill passed to the State OF Nevada,
with the land, on the 81 day oil July,
l>6o. and ot cour>e it passed To Tread
WAY when that gentleman purchased
the land from the State. The decision
Nill have All i'm purtant hearing ON the
snxIter of the taxation OF >nperstrnct
ares upon pIbi1r lands, and Viii ttnd
10 lessen the disposition manifested IN
tin, State to tre>ra>s upon such lands.
No RoEBERY.-We think the China
ulan who contracted to commit At least
one robbery on every block in the city
within a certain length of time has
abandoned the undertaking, after hay
Ing met with good success for four
consecutive day. On Sunday norm
ing he robbed Alex. LapOrte: OF Mon
day he tried the money drawer Of
tIver'S keg Saloon; on Tuesday he
stole "A box of tobacco from Friend; ON
Wednesday lac robbed Preu>S. the
tailor, and Yesterday he seems To have
rested from his laiur>-aS We have no
robbery to record for the fifth day.
Meantime. however. he made no less
than four attempts at burglary. none
of which were ~GcceS>lul. Inc last
was made about . O'Clock Yesterday
mOrning-being the second attempt on
the same house. both of which were
frustrated 10y dogs. As Dan peQuille
SAYS. eternal vigilance l. the price Of
possession" We fear that the ina:tlv-
ity of the aforesaid NiVaciou~ Celestial
Yesterday was the result of sickness.
and e Ought to be hunted up and
supplied with medicine.
IMPRovEMENT.-L. 7. FrlSbIe, the
popular restauranter, corner of Carson
and King streets, has greatly improved
the appearance of his premises by
putting "A plank drain in the gutter
where the hogs used to walloW. and
covering the whO,e with a g side
walk. The example ought to he fol
lowed hv other property holders on
khe same block.
A NUI ,ASCE.-The carcass of a large
mule is decaying in the sun Oh Fifth,
between Nevada and Division streets,
in this city, and unless speedily re
moved may breed disease. The owner
of the male or the authorities ought to
have it removed at once, as it is be
coming very offensive.
TIME.-The time table of the Cen
trail Pacific Railroad cars will be % II d
in our advertising columns. Those
contem plating Il trip by rail- would do
we'll to take a copy OF the table viii
them.