Wright v. Atkinson

WATSON, Justice.

This is an appeal from a judgment permanently enjoining the defendants from permitting their cattle to go or graze upon lands owned, controlled, and possessed by the plaintiff.

Plaintiff had and maintained a fence surrounding about fifteen sections of grazing land. Within the inclosure were two sections owned by the state and leased to one of the defendants for grazing. Defendants put a 1,000-gallon tank on one of these leased sections, with a watering trough, supplying water by hauling. They then turned upon the leased land some 200 head of cattle, knowing and intending that…