Legal Opinion

Ballou v. O'Brien

Michigan Supreme Court

Decided May 3, 1870PublishedCited by 10 opinions

Case made from Bay Circuit. This was an action of replevin, brought in the Circuit Court for the County of Bay, by Dexter A. Ballou, against Michael W. O’Brien,' John L. Walsh and Daniel Burns, for the recovery of the possession of a lot of pine logs, being about six hundred in number, which were then lying in Culver Creek, and in or near the Kawkawlin river, in Bay County, and were alleged to have been cut on the east half of the south-east quarter of section sixteen,…

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Case made from Bay Circuit. This was an action of replevin, brought in the Circuit Court for the County of Bay, by Dexter A. Ballou, against Michael W. O’Brien,' John L. Walsh and Daniel Burns, for the recovery of the possession of a lot of pine logs, being about six hundred in number, which were then lying in Culver Creek, and in or near the Kawkawlin river, in Bay County, and were alleged to have been cut on the east half of the south-east quarter of section sixteen, township" fourteen north, of range four east. The defendants, O’Brien and Walsh, pleaded jointly, and the defendant Burns…

1Opinion of the CourtCooley, J.

The principal question involved in this case concerns the right of the State to the sixteenth section of land in *317the several townships embraced within the reservation of forty thousand acres, made to the Chippewa Indians, by the Treaty of Saginaw of 1819.

By the treaty in question the Chippewa nation ceded to the United States a very large extent of territory, but reserving, nevertheless, therefrom, fifteen different tracts of land which were specified, and also one tract of forty thousand acres on the west side of the Saginaw river, to be thereafter located. — 7 Stat., at large, 208. — This…

2Cases cited1 opinion

  1. Trudo v. AndersonMichigan Supreme Court · 1862

3Cited by10 opinions

  1. Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
  2. Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
  3. Johnson v. BallouMichigan Supreme Court · 1874
  4. Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
  5. Surles v. SweeneyOregon Supreme Court · 1883

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