Cienega Cattle Co. v. Atkins

— J. R. Atkins and Christine Atkins, his wife, plaintiffs, brought suit to condemn a strip of land belonging to Cienega Cattle Company, a corporation, defendant, as a passageway for plaintiff’s cattle. The case was tried to the court without a jury, and judgment rendered in favor of plaintiffs, whereupon this appeal was taken.

The facts may be stated as follows: Plaintiffs had homesteaded section 34, township 20 north, range 5 west, G. & S. R. B. & M., while defendant was the owner of the adjoining south half of the southeast quarter of section 33. A National Forest area of considerable size…