Terrance v. Gray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Peter Gray and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 20th day of May, 1918, upon the decision of the court, certain questions having been submitted to and answered by the jury, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Peter Gray and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 20th day of May, 1918, upon the decision of the court, certain questions having been submitted to and answered by the jury, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes. Appeal is also taken from the order of the court upon which the judgment was entered.
1Opinion of the Court
Kellogg, P. J.:
This action of ejectment is between St. Eegis Indians, but the State courts may determine it. (Terrance v. Gray, 165 App. Div. 636.)
The questions of fact have been settled by the jury and the case is finally submitted to us as involving two principal questions: (1) The title of the plaintiff to the premises under the Indian Law, and (2) the effect, if any, of the judgment in Terrance v. Gray {supra), which was an action in replevin brought to recover crops growing upon the farm after the alleged conveyances to the plaintiff.
Under section 2 of the Indian Law a native Indian may…
2Cases cited1 opinion
- Terrance v. GrayAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by6 opinions
- In re ParkerAppellate Division of the Supreme Court of the State of New York · 1929
- Lyons v. LyonsNew York Supreme Court · 1933
- People ex rel. Charles v. BlackchiefDistrict Court, W.D. New York · 1934
- Montour v. GuilfordAppellate Division of the Supreme Court of the State of New York · 1995
- Smith v. AndersonNew York Supreme Court · 1959
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