Lindsay Land & Live Stock Co. v. Churnos

The plaintiff, alleging that it was the owner and in possession of an extensive tract of uninclosed grazing lands in Cache county, and that defendants had driven and threatened to continue to drive large herds of sheep over and across the same, brought this action to enjoin defendants from trespassing on its lands, to quiet the plaintiff’s title thereto and to recover damages sustained by trespasses thereon. The defendants justified driving their herds across the plaintiff’s lands, and their right to continue doing so, by alleging the existence of a public highway across the plaintiff’s…