2 Nev. 209 | Nev. | 1866
Opinion by
The appellants in this cause make two points upon which it is claimed the judgment in the Court below should be reversed.
First — That the plaintiff upon the trial failed to show, and the Court to find, that the plaintiff was in possession of the premises at the time the action was instituted; and, second: that as the suit was commenced in one of the District Courts of the Territory of Nevada, the State Court obtained no jurisdiction of it, and that the decree is therefore void. Were this, as claimed by counsel, a suit brought under Section 254 of the Civil Practice Act, which provides for the determination of conflicting claims to real property, undoubtedly the possession of the plaintiff would be indispensable to entitle him to the relief which he seeks. But, in our opinion, it is not necessarily governed by the statutes referred to. The plaintiff seeks a remedy which Courts of Equity have always granted independent of any statute, where a proper case was made out. The relief sought is a decree to compel certain persons to execute deeds of conveyance to the plaintiff, and to remove a cloud from his title. That it- requires no statutory provisions to enable a Court of Equity to award relief in such cases, there can be no doubt.
In speaking of the power of the Courts to order the surrender or
The decree of the Court below must therefore be affirmed, and it is so ordered.