Callison v. Ronstadt
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Pattee, Judge. STATEMENT OE FACTS. This is an action by the appellee against the appellant, by which the plaintiff-appellee is seeking to enjoin the defendant-appellant from building a fence on his possessory claim. The said possessory claim is on unsurveyed public domain, adjoining lands of the plaintiff.
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APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Pattee, Judge. STATEMENT OE FACTS. This is an action by the appellee against the appellant, by which the plaintiff-appellee is seeking to enjoin the defendant-appellant from building a fence on his possessory claim. The said possessory claim is on unsurveyed public domain, adjoining lands of the plaintiff. The plaintiff alleges that if defendant is permitted to erect such fence the fence will prevent plaintiff’s cattle from crossing defendant’s possessory claim for the purpose of watering at plaintiff’s…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.) — The defendant is a citizen duly qualified to enter a homestead under the public land laws of the United States. .Clearly, he was performing acts of settlement on 320 acres of unsurveyed, unappropriated public land when enjoined in this action. He had theretofore plainly marked the exterior boundaries of the lands claimed as his homestead, so as to acquire a three months’ preference right to enter the same under the act of February 19,1909 (U. S. Comp. Stats., §§4563-4568; 8 Fed. Stats. Ann., 2d ed., pp. 613-617), and other acts of Congress, all as…
2Cases cited6 opinions
- Anthony Wilkinson Live Stock Co. v. McIlquamWyoming Supreme Court · 1905
- Attridge v. BillingsIllinois Supreme Court · 1870
- Cal. N. R.R. v. GouldCalifornia Supreme Court · 1862
- Holmes v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- Davis v. SimmonsArizona Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cienega Cattle Co. v. AtkinsArizona Supreme Court · 1942
- Wamble v. EvantsArizona Supreme Court · 1922