Legal Opinion

Buford v. Houtz

Utah Supreme Court

Decided January 15, 1888PublishedCited by 10 opinions

Appeal from a judgment on demurrer of tbe district court of tbe third district. Tbe complaint alleges title in tbe plaintiff, describing tbe alternate sections by number, township and range, that tb.e_.said lands above described comprise in all more than three hundred and fifty thousand (350,000) acres, and extend over an area of forty miles in a northerly and a southerly direction, by about thirty-six miles in aD easterly and westerly direction; that said lands are very…

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Appeal from a judgment on demurrer of tbe district court of tbe third district. Tbe complaint alleges title in tbe plaintiff, describing tbe alternate sections by number, township and range, that tb.e_.said lands above described comprise in all more than three hundred and fifty thousand (350,000) acres, and extend over an area of forty miles in a northerly and a southerly direction, by about thirty-six miles in aD easterly and westerly direction; that said lands are very valuable for the pasturage and grazing of stock and are of little or no value for any other purpose, and were acquired and…

1Opinion of the Court

Boreman, J.:

Plaintiffs brought suit against defendants to restrain them from pasturing sheep on the lands of the plaintiffs, and for other purposes. The plaintiffs claim to own a great variety of alternate sections of railroad lands, and charge that the defendants own separate and distinct flocks of sheep, but pasture them in various parts of these alternate sections of land. The defendants demurred to the complaint, alleging as the grounds of demurrer that the complaint does not state facts sufficient to constitute a cause of action, and that it improperly unites different causes of action.…

2Cited by10 opinions

  1. Big Cottonwood Tanner Ditch Co. v. MoyleUtah Supreme Court · 1946
  2. Healy v. SmithWyoming Supreme Court · 1906
  3. Mower v. OlsenUtah Supreme Court · 1917
  4. Thomas v. BlytheUtah Supreme Court · 1913
  5. Kimple v. SchaferSupreme Court of Iowa · 1913

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