Berry v. Dewey

The opinion of the court was delivered by

Marshall, J.:

In June, 1908, the defendants, with other persons, ten in all, armed, left the ranch of defendant Chauncey Dewey and went to the home of Alpheus Berry, about five miles distant, to get a water tank that had been purchased by Chauncey Dewey at an execution sale on the day previous. While Dewey and his party were at the home of Alpheus Berry, a battle occurred between Dewey and his party on the one side and Daniel Berry, Alpheus Berry, Burch Berry, Beach *595Berry, and Roy Berry on the other side. When the battle ended, Daniel Berry, Alpheus…