United States v. Brighton Ranche Co.

This ease comes before us on three exceptions to the answer, judge Dundy and I have each examined the case, and agree in conclusions which I now announce.

The underlying facts are these: The defendant has built a fence, partly on his own land and partly on land belonging to the government, and inclosing a tract of several thousand acres. This is an action in equity to compel, by mandatory injunction, the. defendant to remove its fence from the government land, and thus leave the inclosed government land free from all obstructions to approach. Of course, the government title is conceded, and…