Young v. Felornia

McDonough, justice.

This is an appeal by defendants from a summary judgment. The motion for summary judgment was based upon the pleadings, the stipulations made at the pre-trial pro ceeding-, and the issues as established by the court in its pre-trial order and summary.

The defendants are individual Navajo Indians who are joined in this action. They admit use and grazing- of the lands involved, which are adjacent to the Navajo Indian Reservation, but allege that they do so under rights and continuous use handed down to them from time immemorial. They claim no fee in the lands but only exclusive…