Camfield v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in equity, originally filed by the United States in the Circuit Court for the District of Colorado, to compel the removal and abatement of a fence erected and maintained by the defendants, whereby about 20,000 acres of public lands were enclosed, and appropriated to the exclusive use and benefit of the defendants.
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APPEAL FROM THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was a bill in equity, originally filed by the United States in the Circuit Court for the District of Colorado, to compel the removal and abatement of a fence erected and maintained by the defendants, whereby about 20,000 acres of public lands were enclosed, and appropriated to the exclusive use and benefit of the defendants. The bill averred, in substance, that the defendants Daniel A. Camfield and William Drury, with intent to encroach and intrude upon the lands of the United States in an illegal manner, and to monopolize the use…
1Opinion of the CourtJustice Brown
This case involves the construction and application of the act of Congress of February 25,1885, c. 149, entitled “An act to prevent unlawful occupancy of the public lands.” 23 Stat. 321. The first section of the act reads as follows:
“That all enclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected or constructed by any person, party, association or corporation, to any of which land included within the enclosure the person, party, association or corporation making or controlling the enclosure had no claim or color of title made…
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