Kellogg

This is an action for an injunction to restrain the defendants, some forty in number, from threatened acts of trespass upon plaintiff’s premises by entering thereon, and destroying his game preserve by shooting, killing, and driving away the wild game thereon.

The evidence, which was quite full, and wholly without conflict, tends to show, substantially, as alleged in the complaint, that plaintiff, as trustee of the Cordelia Shooting Club, an association of sportsmen, of which plaintiff is the president and executive officer, *381 rents under a written lease, at a yearly rental of twelve hundred dollars, a large body of unreclaimed swamp and overflowed land in Solano county for the purposes of a game preserve ; that under his lease plaintiff has taken and now holds possession of said land, and has completely inclosed, by means of a substantial barb wire fence and natural boundaries, consisting of wide and deep sloughs, the greater part of said land, some three thousand acres in extent; that within such inclosure are numerous ponds, sloughs, and lagoons, and wide reaches of overflowed tule lands, which afford inviting and favorite feeding grounds for wild game fowl, such as ducks,…