McPherron v. McAuliffe, No. 11987
| Docket Nº | No. 11987 |
| Citation | 624 P.2d 21, 97 Nev. 78 |
| Case Date | March 02, 1981 |
| Court | Supreme Court of Nevada |
Page 21
v.
Jack I. McAULIFFE, administrator of the Estate of Alvar
Alfred Norgard, Deceased, Respondent.
Fran Archuleta, Reno, for appellant.
Sala & McAuliffe, Reno, for respondent.
[97 Nev. 79] OPINION
PER CURIAM:
This appeal is from an order granting summary judgment quieting title to a parcel of real estate situated in Washoe County.
Two years after the death of respondent's predecessor in interest, respondent administrator filed his second amended complaint seeking to quiet title to the property, the subject of this action. Appellant answered the complaint and counterclaimed for relief; the counterclaims were dismissed by the lower court. Respondent filed a motion for summary judgment. Appellant's opposition included an affidavit of his attorney which asserted facts supporting his claim to superior title by adverse possession. The district court granted the motion; we reverse and remand for trial.
Summary judgment may be granted when, as a matter of law, the moving party is entitled to judgment because there is no genuine issue as to any material fact. NRCP 56(c); Smith v. Hamilton, 70 Nev. 212, 265 P.2d 214 (1953). On appeal, the question is whether any genuine issue of fact was created by the pleadings and proof offered. Short v. Hotel Riviera, Inc., 79 Nev. 94, 378 P.2d 979 (1963). The existence of the elements which constitute adverse possession remain a question of fact. Bepple v. Reiman, 51 Wash.2d 144, 316 P.2d 452 (Wash.1957).
We believe that material issues of fact are presented by the affidavits on file herein. Respondent contends that appellant came into possession of the subject property under the terms of a lease-option between the appellant and the respondent's predecessor in interest; and that therefore appellant, as a matter of law, may not challenge respondent's title to the property. See NRS 11.160. Respondent's motion is supported by numerous affidavits and exhibits tracing the abstract of the title in the property and the interest of the respective parties therein. However, respondent's
Page 22
own affidavit admits of the possibility of earlier possession. Such possession may negate the presumption in NRS 11.160, and may allow appellant to assert his claim of superior title. See Holzer v. Rhodes, 24 Wash.2d 184, 163 P.2d 811 (Wash.1945); Strong v. Baldwin, 154 Cal. 150, 97 P. 178 (Cal.1908). Without...To continue reading
Request your trial
-
Collins v. Union Federal Sav. & Loan Ass'n, No. 12961
...not err in finding, as a matter of law, that only one loan was contemplated by the loan agreements. See generally McPherron v. McAuliffe, 97 Nev. 78, 624 P.2d 21 3. Duration of the Loan. The lower court held that the amounts of interest paid by Collins must be amortized over the life of the......
-
Tore, Ltd. v. Church, No. 18775
...the question on appeal is whether any genuine issues of fact were created by the pleadings and proof offered below. McPherron v. McAuliffe, 97 Nev. 78, 79, 624 P.2d 21, 21 (1981). Furthermore, evidence is reviewed in a light most favorable to the party against whom summary judgment was ente......
-
Nicklo v. Peter Pan Playskool, No. 12162
...testimony, and the court's refusal to permit production of such admissions from the report must be considered an abuse of discretion. [97 Nev. 78] Accordingly, we order the judgment reversed and the case remanded to the district court for a new GUNDERSON, C. J., MANOUKIAN, BATJER and MOWBRA......
-
Casarotto v. Mortensen, No. 13916
...as a matter of law." NRCP 56(c). Where an issue of material fact exists, summary judgment should not be granted. McPherron v. McAuliffe, 97 Nev. 78, 624 P.2d 21 Here, the June, 1980 note and September, 1980 agreement, when read together, are not clear and unambiguous. Conflicting evidence r......
-
Collins v. Union Federal Sav. & Loan Ass'n, No. 12961
...not err in finding, as a matter of law, that only one loan was contemplated by the loan agreements. See generally McPherron v. McAuliffe, 97 Nev. 78, 624 P.2d 21 3. Duration of the Loan. The lower court held that the amounts of interest paid by Collins must be amortized over the life of the......
-
Tore, Ltd. v. Church, No. 18775
...the question on appeal is whether any genuine issues of fact were created by the pleadings and proof offered below. McPherron v. McAuliffe, 97 Nev. 78, 79, 624 P.2d 21, 21 (1981). Furthermore, evidence is reviewed in a light most favorable to the party against whom summary judgment was ente......
-
Nicklo v. Peter Pan Playskool, No. 12162
...testimony, and the court's refusal to permit production of such admissions from the report must be considered an abuse of discretion. [97 Nev. 78] Accordingly, we order the judgment reversed and the case remanded to the district court for a new GUNDERSON, C. J., MANOUKIAN, BATJER and MOWBRA......
-
Casarotto v. Mortensen, No. 13916
...as a matter of law." NRCP 56(c). Where an issue of material fact exists, summary judgment should not be granted. McPherron v. McAuliffe, 97 Nev. 78, 624 P.2d 21 Here, the June, 1980 note and September, 1980 agreement, when read together, are not clear and unambiguous. Conflicting evidence r......