United States v. Elliot
Utah Supreme Court
Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action' by the United States of America against Lewis A. Scott Elliot for unlawfully enclosing public lands. From a judgment for defendant in conformity with the decision and direction of the Supreme Court on a former appeal (7 Utah, 389) plaintiff appeals.
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Appeal from the District Court of the First Judicial District. Hon. H. W. Smith, Judge. Action' by the United States of America against Lewis A. Scott Elliot for unlawfully enclosing public lands. From a judgment for defendant in conformity with the decision and direction of the Supreme Court on a former appeal (7 Utah, 389) plaintiff appeals. In this cause the findings show that the land of which the defendant is accused of enclosing contrary to the fencing law, is situated upon a school section. The lower court originally entered judgment upon these findings in favor of the plaintiff. This…
1Opinion of the Court
MeeRITt, C. J.:
The complaint in this case was filed on the- 12th day of December, 1889, by the then United States attorney for Utah, alleging that the lands in township 15 S. of range 13 E., Salt Lake meridian, situate in Emery county, Utah territory, are public lands of the United States, and that the defendant had constructed and was maintaining a fence inclosing a body of public lands of the United States of about 16 miles in area; and that none of the lands so inclosed had ever been entered for settlement or purchased at any of the offices of the United States, nor settled upon nor…
2Cases cited6 opinions
- Lawrence v. BallouCalifornia Supreme Court · 1869
- Central Branch Union Pacific Railroad v. ShoupSupreme Court of Kansas · 1882
- White v. Territory, Washington Territory1888
- Burrows v. KimballUtah Supreme Court · 1894
- Hyndman v. StoweUtah Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peterson v. BakerWashington Supreme Court · 1905
- Union Pac. Ry. Co. v. KargesU.S. Circuit Court for the District of Nebraska · 1909
- Junck v. ReedUtah Supreme Court · 1895
- Brimm v. JonesUtah Supreme Court · 1895
- United States v. ElliottU.S. Circuit Court for the District of Utah · 1896
1 more not listed; retrieve them via the Exa API.