McGinnis v. Friedman
Idaho Supreme Court
APPEAL from District Court, Alturas County. The law will not allow a person by repeated trespass to completely destroy another’s property. Equity will interfere.
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APPEAL from District Court, Alturas County. The law will not allow a person by repeated trespass to completely destroy another’s property. Equity will interfere. (Stone V. Lumber Co., 59 Mich. 24, 26 N. W. 216.) In relation to public lands, which are not mineral lands, the title, as between citizens of the territory, where neither connects himself with the government, is considered as vested in the first possessor; and, to proceed from him, this possession must be actual, and not constructive. (Feirbaugh v. Masterson, 1 Idaho, 135.) Possession of a part draws after it the possession of the…
1Opinion of the CourtHays, C. J.
This action was brought to restrain the respondent from herding, grazing, and pasturing his sheep upon certain public lands, the property of the United States. A temporary injunction was granted, and, the case coming to be heard upon an agreed state of facts, the injunction formerly entered was dissolved, and from this order the appeal is taken to this ■court. It appears that the premises to which the injunction applied consists of a large tract of the public lands of the United States, only a part of which has been surveyed; one of the ranges being about fifteen miles long and five miles…
2Cited by5 opinions
- Omaechevarria v. IdahoSupreme Court of the United States · 1918
- Anthony Wilkinson Live Stock Co. v. McIlquamWyoming Supreme Court · 1905
- Healy v. SmithWyoming Supreme Court · 1906
- Kimple v. SchaferSupreme Court of Iowa · 1913
- Bradshaw v. BurstedtIdaho Supreme Court · 1930