Potts v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the District of Washington. The plaintiff in error was indicted by the grand jury for unlawfully inclosing public land in the state of Washington, by erecting and maintaining a post and wire fence around certain land owned and leased by him, thereby preventing and obstructing any and all persons from peacefully entering upon or establishing a settlement or residence upon certain tracts of public…
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In Error to the Circuit Court of the United States for the Eastern Division of the District of Washington. The plaintiff in error was indicted by the grand jury for unlawfully inclosing public land in the state of Washington, by erecting and maintaining a post and wire fence around certain land owned and leased by him, thereby preventing and obstructing any and all persons from peacefully entering upon or establishing a settlement or residence upon certain tracts of public land, and preventing and obstructing passage and transit over and through said public land. The indictment contained six…
1Opinion of the CourtMorrow, Circuit Judge
It appears from the evidence that the defendant is the owner of section 25, township 20 north, range 38 east of Willamette meridian, Spokane county, Wash., and has a lease of section 36 in the same township. These two sections adjoin, and the defendant had inclosed them with a wire fence, thus making an inclosure two miles long north and south, and approximately one mile wide east and west. A county road meanders along the east line of said sections. The government land charged in the indictment to have been unlawfully inclosed by the fence of the defendant is the N. W. % of section 2,…
2Cases cited1 opinion
- Camfield v. United StatesSupreme Court of the United States · 1897
3Cited by12 opinions
- United States ex rel. Bergen v. LawrenceCourt of Appeals for the Tenth Circuit · 1988
- United States v. RindgeDistrict Court, S.D. California · 1913
- Anthony Wilkinson Live Stock Co. v. McIlquamWyoming Supreme Court · 1905
- Jacob Hoffmann Brewing Co. v. McElligottDistrict Court, S.D. New York · 1919
- United States v. BaumgartnerDistrict Court, S.D. California · 1919
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