Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-14
THE REAL MERITS.
An Example that Aptly ILLUSTRATED
the Accommodation ContrO-

veFsy.
Mr.. Wren yesterday disclosed his full
programme in a few remarks to the Court.
He said that, If he understood Mr.. Stew
arts position correctly, that that gentle
man commended that the case was now to
be tried on its merits.
That the patent to the st. George claim
obtained by defendant, pending the action
to determine who should receive a patent
for the ground in dispute, had been set up
by it in a supplemental answer, and that
Mr.. Stewart contended that he could stand
by the record evidence-that the patent
was issued without authority. That he
(Wrenl should contend that, no matter
whether the patent was void or not, that
plaintiffs could not show it, not haping
pleaded il. To us this seems strange,
when it is admitted on all sides that under
our statute plaintiffs could not plead IL.
But this statute expressly provides that
{" 1t shall be controrerted."
II Mr.. Wren supposes that he can pre-
vent a Court of Chancery from passing
upon the merits of the case when each
party has put in all the pleadings that our
statutes allow, he certainly must be mis-
taken. The statute requires the Court to
determine the case on its merits, and pre-
sc'ibes the form, Of pleading.
The form Of pleading, it is admitted,
complies with the statute, and if Mr.. Wren
can now dodge the merits, he will GER
tainly deserve the encomiums Of Mr.. An
derson in the Ruby Hill News, that he
is the greatest mining lawyer that ever ap-
peared at this bar"
Judge Rives has always been strongly
inclined to decide cases on their merits,
and we doubt the ability Of Mr.. Wren to
so befog one case as to secure a decision
contrary to the merits Of the case.
After all. these efforts Of the learned
counsel of the Richmond Company to pre-
sent side issues, do not display the usual
confidence expressed by him in the justice
OF cases in which he is retained.
As a practical illustration, as it appears
TO us of how Mr.. Wren's views, il adopted
by the Court, would operate, we present
the following example:
A. is in the possession Of a piece OF land
belonging to C. which he (A.) wishes to
purchase.
b., who also wishes to purchase the same
piece OF land, sets up q possessory right,
and claims same right to purchase as A.
G. being willing to sell to either n who
can show from use and possession the best
right to buy it. executes a deed and lodges
II in q bank in escrow, to be delivered to
either A. or B. whenever they settle in a
designated Court who has the best right
to It.
Under these conditions A. brings suit
| against B. in this Court, claiming the prior
and best right to the deed.
B. answers. denying the claim OF A.,
and the issue Is made.
From one cause or another, but particu-
larly at the request OF b., the trial OF the
case is delayed, A.. remaining in possession.
During this delay B. procures from a clerk
in the bank mot in ANY way authorized to
deliver it) the deed, and when A.. at last
succeeds in bringing the case to trial, b.
comes into Court with the deed in his pos
| session and claims loudly that he is en-
titled to the land; that A. cannot set up
any answer to the fact that he 3D. has the
deed; that A. cannot show that B. acquired
| the deed w~rongfully; that the Court had
lost all control OF the case, and that the
case was necessarily ended, because the
bank clerk had settled the question by de-
livering the deed to B.
The foregoing Is, as We understand II.
| the position Of the parties in this suit.
| Take A. for the Albion Company. B.. for
the Richmond Company, O. for
the United States Government, the
bank clerk for the Commissioner OF the
Land Office, and the Court for our District
| Court, and we have the present case OF
Rose ct al. VS.. Richmond Mining Company
We do not believe that our District Courl
will for q moment admit any such result
as is advanced by b. in the foregoing ex'
ample, or by the Richmond Company. IL
the present suit. But we do believe tina
the Court will brush aside all legal trick
sries and technicalities. and arrive at thu
merits Of the case.