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Buford
v. Houtz
- In Buford v. Houtz, 18 P.633 (1888) the Supreme Court of Utah held
that seven prior existing roads criss-crossing an area 40 by 36 miles
gave established sheep ranchers an easement to cross over and graze
their sheep over checkerboard patented and government land. The use
thereof was not a trespass. In
Buford v. Houtz, 133 U.S. 320 (1890) the Supreme Court of United
States affirms the above decision of the Utah Supreme Court.
The Utah Supreme Court also held the same in Lindsay Land &
Livestock Co. v. Churnos, 285 P. 646 (1930) specifically citing Act of
July 26, 1866. In United
States v. Andrews, 179 U.S. 96 (1900) the Supreme Court of United
States held that a “cattle trail” is an easement and a
“highway” for purpose of crossing a federally established
reservation, and the use thereof was not a trespass.
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