Sage v. Hampe
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts, which involve the validity of a contract for sale of allotted Indian lands during the period of restriction on alienation, are stated in the opinion. . A losing party to á suit who insists that the judgment therein cannot be rendered against him consistently with ■a given statute of the United States should be held, within the meaning of § 237, Judicial Code, to claim such a ■ right and immunity under such…
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts, which involve the validity of a contract for sale of allotted Indian lands during the period of restriction on alienation, are stated in the opinion. . A losing party to á suit who insists that the judgment therein cannot be rendered against him consistently with ■a given statute of the United States should be held, within the meaning of § 237, Judicial Code, to claim such a ■ right and immunity under such statute, as to confer jurisdiction upon this court to review an adverse final judgment of the highest state court in such suit.…
1Opinion of the CourtJustice Holmes
This is an action brought by the defendant in error (Hampe) to recover damages for breach of a contract to purchase certain land and to convey to the plaintiff certain other land of greater value. The answer alleges that the land to be conveyed by the defendant, (Sage) was Indian land not belonging to him but allotted and patented to members of the Pottawatomie Tribe, under the Act of Congress of February 8, 1887, c. 119. 24 Stat. 388. By § 5 of that act any conveyance or contract touching such land within twenty-five years from the date of the allotment and trust patent was made null and…
2Cases cited6 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
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3Cited by30 opinions
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- Smith v. McCulloughSupreme Court of the United States · 1926
- Crocker v. United StatesSupreme Court of the United States · 1916
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