Legal Opinion

Heckman v. United States

Supreme Court of the United States

Decided April 1, 1912No. 496PublishedCited by 338 opinions

APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The United States by its Attorney-General, upon the recommendation of the Secretary of the Interior, brought this suit in the Circuit Court of the United States for the Eastern District of Oklahoma to cancel certain conveyances of allotted lands made by members of the Cherokee Nation. Demurrer to the bill was sustained by the Circuit Court and the bill was dismissed.

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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The United States by its Attorney-General, upon the recommendation of the Secretary of the Interior, brought this suit in the Circuit Court of the United States for the Eastern District of Oklahoma to cancel certain conveyances of allotted lands made by members of the Cherokee Nation. Demurrer to the bill was sustained by the Circuit Court and the bill was dismissed. United States v. Allen, and similar cases, 171 Fed. Rep. 907. The judgment was reversed by the Circuit Court of Appeals and the trial court was directed to proceed…

1Opinion of the CourtJustice Hughes

The conveyances, which this suit was brought to cancel, were executed by members of the Cherokee tribe of Indians, of the full-blood, of lands allotted to them in severalty. The statute under which the allotments were made (act of July 1,1902, c. 1375, 32 Stat. 716), accepted by the Cherokee nation on August 7, 1902, provided that the lands should be inalienable for a period specified. Sections 11-15 {Id., p. 717). The lands in question were “surplus” lands, that is, those other than homesteads. While' the restrictions, applicable to lands of this character, were stili in force, Congress…

2Cases cited27 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. In Re DebsSupreme Court of the United States · 1895
  3. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  4. United States v. KagamaSupreme Court of the United States · 1886
  5. Shields v. BarrowSupreme Court of the United States · 1855

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3Cited by338 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1983
  2. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  3. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
  4. Nevada v. United StatesSupreme Court of the United States · 1983
  5. United States v. SandovalSupreme Court of the United States · 1913

333 more not listed; retrieve them via the Exa API.

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