Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-16
DECISION

CS I'd e Vi GLOW. dEGGd SEQ. COM J
pei the execution of ? deed to plain |
tiff for q triangular piece Of land mark !
ed with three iron pins and less tbal
one acre in extent as described in The |
complaint. The urcontradicted testi- /
mony Of several Witnesses introduced /
by the plaintiff shows tnat Glow. N !
the year 1901. and 3 considerable time |
before his death. sold to plaiptim q !
sand hill or sand pit which is iden- !
rical with. or embraced IN the bouni- |
aries Of The parcel Of land mentioned. /
lat he went upon the premises. mark |
ed and pointed ont the boundaries 10
the piaintif, put him in possession AMI !
accepted o COW in payment. There !
after plaintiff hauled and sold sand |
from the pit exclusively and mis- right
10 the same were expressly ackn0w-
lodged upon different. occasions Ly
Glow, who directed to plaintiff. per-
sons applying fer sand No evidence
was offered by the defendants.
The court was in doubt Is TO- whether
the proofs showed sale Of he land On.
at the request Of the plaintiff f0Unn
that he purchased the sand situate
upon and in the sand hill described n
plaintiffs complaint and The exclusive
right to take sand thel efrom". tnlt
Glow received ard retained possession
Of the COW and that prior TO and long
after his death plaintiff was II posses
sion Of the property and taking sand.
From a Judgment in favor Of de-
PENDANTS for Then, costs and an order
overruline 4 motion for new trial.
this appeal is taken,
Nh,
to establish clearly On evacn+od 600
and there heinz dorbt as +, r,,bo+Ia,.
Glow intended 10 sell tho len5 in faa
or ONLY the send Ioavinor +f,, ,o,,d e..
him or his estate when c+yfnnod If u
The co7irf nrDna,l, ,afl-zo, ~ orfa,.co
. convavanco If ,bo fraero,a 10 Nos,
riff hr+ II 1,o-.iTo- hoo, r,7sir,,,- i,df-
oo+o1 - ~, o.-,,.r,--,,, 80 49, o,,,.+
having fonnd +ha+ rbera 'p w. "a an OWE exo
cr+nd 500 of Tho eo,J nv CIV 20
+ho n1sintiff 1bo 1attar vras o,,fi+7o4 =,
relief to inat ovrnn+ In ,,,i,,ci,,To 40
nlaintif hoe an in+aros+ in tho Iona
lie tho r;ol1t ~ ,ar7r,-, stow or c,,+
tin9bo,, ~, ,,77i7+,i7, = roo d,,,o1- ~, o+1,o,
easement. or Ike a lease or term far
life ~, 1-aare ava sltboro,, 1oss +bo,,
freehold the niain+ffr -+a1. ba:,or Mac
cd in nossession and maxine navmont
became entitled mon demand ia
convovanco tn the ov+ant 81 HE D,,r-
chase which could he recorded md
which vvonI5 oiva notice If he ornar-
shin from Glow who held that mart
of The tit1a.for hin, ae q t,,,stoa +ba
same as Glow would have retained the
whole title if the sale had been of fine
freehold.
Tb3n 1oao1 +i+1o h,,-i,,o. 100000, - -
,,,aaaaua,7 H.. a,,a,..4,-I9 u ~
ir,o,1r,I,o,4 ,.r,,,e +Il,- "a ~. :.
r1,o:,.t:aS - IL ~ N0--' - - ~
''t Cobrnt7o., Co,,,o+,,5o, n No. ,,-
1919 1c - o''
Do,[,o,7 C>l,511 DO ~ 81,
TiAfa, ,,l,an,., ~, D.,
g. n VI ii ~
rho,l,ro,, c,:4,, p, NJ On,
5 , eo1a- ~ % ~ '0'
1 anu O'' rs, 'i, *, C''C ~ 80
- - % {" - -
II ~ 90 ,nlio' d, oh'
,Ta~4..,-l ilo't I3,,;,o. 90 20 e.
W, -, % ~,
c ll 49, a. - .,
70 -'0"7e' W ~ -
,5a ~ 49,. - ,, -,
'i9 Ia, T'l, - - nli29' -
,, "a SOU '. ''iE. - . 81 90
9<,l ooa oioi 7''h' "hea'ol VI
-, 'V1,
No0aie '. aus 1.dlIcH' 40
M ~ v 81 =, y, "' al - o.
w. T. v + u =. w. 100 heu' p
4o2'
rom. Eq. Is ed Sec. II to 10
ana cases clted VOL III 90
Ii the proofs ndd indicated lhe SAFE
VI sdno on 'ahd dlHerent from that
oescrloed IN the complaint there would
nave peen latal variance. nut When
the' eslapnsn that me pialhtln Is en-
titleu 10 an interest H. Or part Oh
nona1, ~ norso,o1 nronart,- oIoinaa,
,.,aa, naa,at:a Sa1s -
tbo oon,n17in int 10 Sbo,,1d ho ai,ia-, nm.
6ar s,,oI oiro,,nst anooa 90 o1sie+ bo.a
re1;ef 70 +bat event .nd not bo forcad
~ f,,r+hor 1itioat;or
Tbat ~ ,Io;,,tiff NOV, roooror ,oe,s,