Martin v. Platte Valley Sheep Co.
Wyoming Supreme Court
Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. The facts are stated in the opinion. Owners of live stock, under the license of the government of the United States, have a right to let their live stock graze at will upon the public domain adapted to such use, not enclosed or otherwise withdrawn from such use by the government; and the enjoyment of such right will be protected by any proper remedy of the courts.
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Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. The facts are stated in the opinion. Owners of live stock, under the license of the government of the United States, have a right to let their live stock graze at will upon the public domain adapted to such use, not enclosed or otherwise withdrawn from such use by the government; and the enjoyment of such right will be protected by any proper remedy of the courts. A distinction between stock roaming at will and being driven and held upon the land of another is well established. The owner of live stock upon the public…
1Opinion of the Court
Potter, Justice.
This action was instituted November 23, 1900, by the Platte Valley Sheep Company, a corporation, against Price Martin, Winifred Davis and George Bennett to obtain a decree enjoining the defendants from driving, holding, grazing and feeding their cattle upon any of the lands of the plaintiff described in the petition, and from causing sáid cattle to consume and destroy the grasses and herbage growing on said lands, and also from threatening, intimidating or causing injury to the employes, agents or officers of the plaintiff.
The petition alleges that plaintiff is the owner in…
2Cases cited14 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Baylor v. B. & O. R. R.West Virginia Supreme Court · 1876
- Lazarus v. PhelpsSupreme Court of the United States · 1895
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- R.O. Corp. v. John H. Bell Iron Mountain Ranch Co.Wyoming Supreme Court · 1989
- Dwight Lyman and Betty L. Lyman, as Individuals and as Trustees of the Dwight Lyman Living Trust Dated November 11, 2016, and Trustees of the Betty L. Lyman Living Trust Dated November 11, 2016 v. Robert B. Childs, Individually and as Trustee of the Robert B. Childs Living Trust Dated April 4, 2012Wyoming Supreme Court · 2023
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