United States v. Hosteen Tse-Kesi

PICKETT, Circuit Judge.

The United States brought this action to enjoin the defendants, Hosteen Tse-Kesi and Eddie Nocki, Navajo Indians, from repeated and continuing trespasses upon certain lands in the State of Utah. Approximately forty other Navajo Indians, who were similarly situated to the two original defendants were made parties defendant. The defendants answered, admitting that the ownership and right of possession of the lands was in the United States, and alleged as ,an affirmative defense that such ownership and possession was subject to the aboriginal and ancestral rights of the…