United States v. Brighton Ranch Co.
United States Circuit Court
In Equity. This is a suit on behalf of the United States to obtain a mandatory injunction against the Brighton Ranch Company to compel it to remove a barbed-wire fence, 57 miles long, inclosing 52,000 acres of tho public lands of the United States. The testimony disclosed that this fence stood partly on deeded lands, school lands, and lands entered under the homestead, pre-emption, and timber-culture laws of tho United States.
Read the full summary
In Equity. This is a suit on behalf of the United States to obtain a mandatory injunction against the Brighton Ranch Company to compel it to remove a barbed-wire fence, 57 miles long, inclosing 52,000 acres of tho public lands of the United States. The testimony disclosed that this fence stood partly on deeded lands, school lands, and lands entered under the homestead, pre-emption, and timber-culture laws of tho United States. The testimony further disclosed that the fence was erected on these entered lands with tho permission of the settlers. Inside the fence were a large number of acres of…
1Opinion of the Court
Miller, Justice,
I am of opinion that the United States is entitled to its injunction mandatory as to so much of the fence complained of as exists, and prohibitory as to building any future fences, so far as either of them comes within the following principles: (1) There exists no right in the defendants to build any fence on the lands of the United States. (2) All lands are for this purpose lands of the United States so long as the legal title remains in the United States. (3) It is the right of the United States and its duty to protect all such lands from this misuse in cases where there…
2Cited by8 opinions
- United States v. BernardCourt of Appeals for the Ninth Circuit · 1913
- Woodruff v. WallaceSupreme Court of Oklahoma · 1895
- Hecht v. HarrisonWyoming Supreme Court · 1895
- United States v. GuglardU.S. Circuit Court for the District of Southern California · 1897
- Territory of Hawaii v. KerrHawaii Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.