Legal Opinion

Seneca Nation of Indians v. Christie

New York Court of Appeals

Decided April 14, 1891PublishedCited by 43 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1888, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has a right to bring this action. (Laws of 1845, chap. 150, § 1; Code. Civ.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1888, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has a right to bring this action. (Laws of 1845, chap. 150, § 1; Code. Civ. Pro. § 419.) The plaintiff being a nation of Indians, the Statute of Limitations does not apply to or affect its right to bring this action. (McGammon v. Straghtley, 32 Kan. 524; 5 Pet.…

1Opinion of the CourtAndrews, J.

This is an action of ejectment brought to recover one hundred acres of land in the county of Erie.

The general facts are undisputed. The land in question is a part of a tract of more than 87,000 acres or 135 square miles of land situate in.Erie and other counties in the western part of the state, which prior to August 31, 1826, and for a period extending back to about the middle of the seventeenth century, had been in the occupation of the Seneca Nation of Indians, claiming dominion by conquest from other aboriginal tribes.

On the day mentioned (August 31,1826), at a public council <qf the…

2Cases cited6 opinions

  1. United States v. KagamaSupreme Court of the United States · 1886
  2. Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
  3. Clark v. SmithSupreme Court of the United States · 1839
  4. Mitchel and Others v. United StatesSupreme Court of the United States · 1835
  5. Harcourt v. GaillardSupreme Court of the United States · 1827

1 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. FornessCourt of Appeals for the Second Circuit · 1942
  2. People Ex Rel. Cusick v. . DalyNew York Court of Appeals · 1914
  3. Lipan Apache Tribe v. United StatesUnited States Court of Claims · 1967
  4. Apalachicola Land & Development Co. v. McRaeSupreme Court of Florida · 1923
  5. Cayuga Indian Nation Ex Rel. Patterson v. CuomoDistrict Court, N.D. New York · 1983

38 more not listed; retrieve them via the Exa API.

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