Lykins v. McGrath
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. Under and by virtue of the provisions of a treaty between the United States of America and the Kas-kas-kia, Peoria and other confederated tribes of Indians, concluded on the 30th day of May, 1854, proclaimed August 10, 1854, 10 Stat. 1083, and an act of Congress approved March 3, 1859, 11 Stat. 431, the southeast quarter of section No. fifteen (15), in township No. seventeen (17), south of range No.…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. Under and by virtue of the provisions of a treaty between the United States of America and the Kas-kas-kia, Peoria and other confederated tribes of Indians, concluded on the 30th day of May, 1854, proclaimed August 10, 1854, 10 Stat. 1083, and an act of Congress approved March 3, 1859, 11 Stat. 431, the southeast quarter of section No. fifteen (15), in township No. seventeen (17), south of range No. twenty-three (23) east, in the Territory, now State, of Kansas, and other lands, were on November 1, 1859, conveyed by…
1Opinion of the Court
Mr. Justice Brewer,
after.making the above statement, delivered the opinion of the court.
It is contended by the plaintiffs that the deed from David Lykins, not having been approved before his death, became thereby an absolute nullity; that title immediately vested in them, free from any claim of the grantee in the deed; that they never asked for the approval of the Secretary of the Interior ; never consented that it should be given ; never in any way ratified or assented to the deed of their ancestor, and that the Secretary was without any authority after the death of the patentee to approve…
2Cases cited4 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Pickering v. LomaxSupreme Court of the United States · 1892
- Harkreader v. ClaytonMississippi Supreme Court · 1879
- Lomax v. PickeringSupreme Court of the United States · 1899
3Cited by51 opinions
- Harris v. BellSupreme Court of the United States · 1920
- McCurdy v. United StatesSupreme Court of the United States · 1924
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Barnett v. KunkelCourt of Appeals for the Eighth Circuit · 1919
- Henkel v. United StatesSupreme Court of the United States · 1915
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