Lamoreaux

Lamoreaux v. Kinney

Good Law
41 F.2d 30·1930 U.S. App. LEXIS 2712
United States Court of Appeals for the Ninth CircuitMay 19, 1930No. 5792California989 words

Opinion

Lead Opinion

Rudkin, J.

This suit is the outgrowth of a range war between contending sheep and cattlemen. Briefly, stated, it appears from the allegation of the bill of complaint that between the years 1880 and 1895 a certain range on the public domain in the territory and state of Arizona was used exclusively by sheepmen; that there was a shortage of water on the range and, soon after 1880, the sheepmen using it constructed dams and reservoirs for the purpose 'of conserving and.impounding the water for the use of their stock; that soon after this •was done, beginning about 1895, cattlemen began to use the range for the purpose of pasturing their cattle; that from that time until 1924 the range was what is termed a mixed range, as defined by section 641 of the Revised Statutes of Arizona (Pen. Code *31 1913) as amended by the act of March 7,1923 (Laws of 1923, p. 99, c. 29); that for the purpose of excluding the plaintiff from Ms lawful occupancy and use of the disputed area for grazing purposes, the defendants, and each of them, have unlawfully, ami with unlawful intent and purpose, combined, conspired and confederated to and with each other, unlawfully and maliciously to molest, intimidate and obstruct…

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