United States v. Elliott

MARSHALL, District Judge.

This action was "brought under the act of February 25, 1885, entitled “An act to prevent unlawful occupancy of public lands.” 23 Staii. 321. The relief sought is an injunction against the maintenance by defendant of an inclosure of certain lands, claimed to be “public lands,” within the meaning of tiie statute, and that the existing inclosure be destroyed. The complaint: was filed in a court of Utah territory on December .12, 1889, and to it an answer was made denying the iuclosure of any public lands. On November 5,1890, a trial was had in the territorial court on-…