Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-12-29
NOPINION

by the COurt, Coleman, j.:
This is an appeal from a Judgment
of non-suit and from an order deny
ing a motion fer a new trial.
SUI Lee and Charley Ri Yen, suing
for themselves and others as mem
bers of and on behalf of the Lin
Hing Gungsha, or Joss House So.
ciety of Reno, Nevada, an unincor-
lporated society, brought suit against
the defendants to quiet title to GER
tain real estate. The plcadlngs are
i'll the usual form. At the conclusion
of the evidence offered on the part OF
the plaintiffs a motion for a non-5ult
was interposed. The court sustained
the motion, upon the ground that all
unincorporated society can not take
title to real estate in Nevada. In
! denying the motion for a new trial
the court adhered to its original
view, and also held that plaintiffs
had failed to prove a gift of the prop
crty in question to the society, but
that the evidence showed, only a Ii
cenSe to occupy the premises in
question, without rent, and that pos
session under such conditions was
not such an adverse possession i'll the
society as could ripen into title.
W. will consider the last PROPOSE
ton first. Ong Chez, a witness i'll
behalf of plaintiffs, testified:
%. Well, did you have anything
to do with the location Of that Joss
House over there?
"a. Yes, that time when I was
put up money me help to build that
building. y
20. Well, now, state what you
had to do, if anything, with the loca-
ton of the Joss House in China
town"
"a. Well. when-frst
after the fire burn up the town and
lMr. Manning asked these Cinnamon
to move down that place, first place
Cinnamon think that place is too low,
didn't want to move down in the first
place. After that they come talk to
me and try to get these Cinnamon
to move down there and he willing
to give them a place, a lot of land
to build a church, Joss House, and
then | told him l will move up to
Carson, | amt got anything to do
with this town, and you better go
down there and talk to Sue Lee and
Quong All Moon. that is the store
name, mans mann keeps the store
here"
%. Well, did you have a further
talk with Mr.. Manning and Mr.. Has
, kell about it?'
"A. Then l take Mr.. Manning
You see, that time Chinatown burn
and that fellow Quong All Moon and
Sue Lee had a laundry house on this
side of the depot, and l take him up
there and show him the place where
Sue Lee is and Quong All Moon is,
and he have a talk with them. SO
didn't talk to- him afterwards. "
@. State exactly, as near as you
can remember, what either Mr.. Man
ming Or Mr. Haskell said about Civ.
ing this land, if anything?"
"a. Well. he says he give-he
willing to give that piece of land to
build Joss House, a lot of land"
%. Who did he say that to-"
"a. He say that to me first place
And then | tell him l move my store
up to Carson City and l amt got
nothing to do with it and then
take them up to talk to Sue Lee and
Quong All Moon"
%. Did you have-did you hear
what they said to him?"
"a. Yes, l hear him. I haven't
time to wait for them, and after that
thew stay there and talk a long while.
| suppose; l didn't wait for them. !
tell him to go up there and explain
it to Sue Lee and Quong All Moon
%. When was this? What year
was this conversation that you refer
to?"
"a. That was on the '78.
%. About '78"
"a. In l878."
%. Do you know how soon after
that the Joss House was built that
you described, the two-story building.
the first one?"
"A. That Joss House built in '79.
l suppose on about between April
and Nav l think"
%. In '79?"
"A. In '79 I think; about in the
ummer time"
90. Were Won ever in that bri1d-