Bradshaw v. Burstedt

This is an appeal from a judgment entered upon sustaining a demurrer to plaintiffs’ second amended complaint.

Plaintiffs, in their own name and right, seek an injunction against defendant, restraining and enjoining him from grazing sheep upon certain public domain, alleged to have for 20 years theretofore been continuously and exclusively grazed by cattle, without abandonment as such range.

Appellants base their claim of right to the relief asked upon C. S., sec. 8333. This section provides:

“Any person owning or having charge of sheep, who herds, grazes, or pastures the same, or permits or…