Legal Opinion

Welch v. United States

United States Court of Claims

Decided January 11, 1897No. Indian Depredations, 4886PublishedCited by 8 opinions

The Reporters’ statement of tbe case: Tbe following are tbe facts in. tbe case as found by tbe court: I. O. T. Welch is tbe administrator of tbe estate of Aaron Decker, deceased. II. Tbe deceased claimant, Aaron Decker, was a native-born citizen of tbe United States, residing at tbe time of bis death in Bourbon County, Kans. Tbe defendant Indians were at tbe time of tbe depredation, hereinafter set forth, in amity and treaty relations with tbe United States. III.

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The Reporters’ statement of tbe case: Tbe following are tbe facts in. tbe case as found by tbe court: I. O. T. Welch is tbe administrator of tbe estate of Aaron Decker, deceased. II. Tbe deceased claimant, Aaron Decker, was a native-born citizen of tbe United States, residing at tbe time of bis death in Bourbon County, Kans. Tbe defendant Indians were at tbe time of tbe depredation, hereinafter set forth, in amity and treaty relations with tbe United States. III. At tbe time of tbe taking effect of tbe act of March 3, 1891, entitled “An act to provide for tbe adjudication and payment of…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

In July, 1861, Aaron Decker, the original claimant, was an intruder upon the lands of the Gherokees. In that month a considerable body of Indians appeared and threatened the white settlers in the neighborhood of the claimant with injury and destruction of property if they did not remove. In the next month they reappeared and, it is believed, killed some of the settlers and compelled all of them to remove. The claimant was not actually injured or threatened, but he left under the stress of intimidation, carrying with him the most of his stock and…

2Cited by8 opinions

  1. Hayt v. United StatesUnited States Court of Claims · 1903
  2. Jaeger v. United StatesUnited States Court of Claims · 1898
  3. Merchant v. United StatesUnited States Court of Claims · 1900
  4. Roy v. United StatesUnited States Court of Claims · 1910
  5. Beam v. United StatesUnited States Court of Claims · 1907

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