Schrimpscher v. Stockton
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action of ejectment brought in the Court of Common Pleas of Wyandotte County, Kansas, by John Schrimp-scher and about forty others, heirs of one Carey Rodgers, deceased, a Wyandotte Indian, against John S. Stockton and ten others, to recover a tract of land which had been allotted to certain Wyandotte Indians under the treaty of 1855. ■ Answers were filed by three of the defendants, containing general denials of…
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action of ejectment brought in the Court of Common Pleas of Wyandotte County, Kansas, by John Schrimp-scher and about forty others, heirs of one Carey Rodgers, deceased, a Wyandotte Indian, against John S. Stockton and ten others, to recover a tract of land which had been allotted to certain Wyandotte Indians under the treaty of 1855. ■ Answers were filed by three of the defendants, containing general denials of the allegations of the petition, and pleas both of a three-year and a fifteen-year state statute of limitations. To…
1Opinion of the Court
Mr. J ustice BeowN
delivered the opinion of the court.
This case turns upon the proper construction of article XY of a treaty with a number of tribes of Indians, including “ certain Wyandott,” concluded February 23, 1867, and proclaimed October 14, 1868. 15 Stat. 513, 517.
The facts of the case are substantially as follows:
On January 31, 1855, 10' Stat. 1159, the United States entered into a treaty with.the Wyandott Indians, by the second article of which they ceded to the United States certain lands purchased by them of the Delawares, the object of which cession was that “ the said lands shall…
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