R. B. Fraser R. B. Fraser, Inc., a Corporation R. B. Fraser, Jr. Fraser Livestock Company, a Corporation and Charles Fraser v. United States

This action was instituted by the United States in the District Court for the District of Montana. From a judgment for the United States, appellants, R. B. Fraser; R. B. Fraser, Inc.; R. B. Fraser, Jr.; Fraser Livestock Company; and Charles Fraser (hereinafter Fraser) bring this appeal.

Appellants both own and lease lands within the Crow Indian Reservation in Montana. Appellants also held a grazing permit issued by the United States covering other lands within the Reservation. Appellants’ land and the Indian lands are, in most part, unfenced. The United States brought this action, in nine counts, seeking to recover for livestock trespassing on the Indian lands; for overstocking the lands included in the grazing permit; for fees owing under the permit; and to permanently enjoin the further trespassing or overstocking on the subject lands.

The jurisdiction of the District Court rested on 28 U.S.C. § 1345 , and jurisdiction in this Court on 28 U.S.C. § 1291 .

Fraser relies upon eight specifications of error. These specifications present the three issues dealt with below.

I.

Appellant first contends that the finding of his livestock on the subject lands does not constitute…