Jackson ex dem. Smith v. Goodell
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession of lot No. 33, in the township of Junius, in the county °f Seneca, and was noticed for trial at the Seneca Circuit, in 1821, when the parties agreed to submit the cause to the opinion oí the Court, on a case containing ^ following facts : Letters patent for the lot in question, and for another lot in Junius, dated January 29, 1791, were granted to Lieutenant John Sagoharase, an Oneida Indian, who served in…
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THIS was an action of ejectment, brought to recover the possession of lot No. 33, in the township of Junius, in the county °f Seneca, and was noticed for trial at the Seneca Circuit, in 1821, when the parties agreed to submit the cause to the opinion oí the Court, on a case containing ^ following facts : Letters patent for the lot in question, and for another lot in Junius, dated January 29, 1791, were granted to Lieutenant John Sagoharase, an Oneida Indian, who served in the line of this state, in the army of foe United States, in the revolutionary war, and died March 27, 1783, leaving a…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
In the case of Jackson v. Sharp, (14 Johns. Rep. 472.) it was decided, that an. Indian patentee might aliene lands granted to him individually | and it was held, that a conveyance by an Indian patentee, given in the year 1791, was valid, effectual, and operative, to vest all his right in the grantee. We were of opinion that the inhibition in the constitution against the purchase of lands from Indians, as well as the act of the 18th oí March, 1788, related solely to purchases of land from Indians, as a tribe, or community, and did not extend to…
2Cited by11 opinions
- Hibberd v. SmithCalifornia Supreme Court · 1885
- People Ex Rel. Cusick v. . DalyNew York Court of Appeals · 1914
- Ramstad v. CarrNorth Dakota Supreme Court · 1915
- Strong v. WatermanNew York Court of Chancery · 1845
- Taylor v. BrownSupreme Court Of The Territory Of Dakota · 1888
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