Legal Opinion

Hatch v. Luckman

New York Surrogate's Court

Decided March 5, 1913Published

Appeal by the defendant, Willis Luckman, from a judgment of the Supreme Court, in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 28th day of October, 1909, upon the decision of the court rendered after a trial at the Erie Trial Term, a jurj’' having been waived.

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Appeal by the defendant, Willis Luckman, from a judgment of the Supreme Court, in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 28th day of October, 1909, upon the decision of the court rendered after a trial at the Erie Trial Term, a jurj’' having been waived. Appeal by the defendants, Cornelius Carpenter and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th day of September, 1909, awarding to the relators an absolute writ of prohibition.

1Opinion of the Court

Judgment and order affirmed, with costs, upon the opinion by Wheeler, J., delivered at Special Term.

All concurred.

The following is the opinion delivered at Special Term:

Wheeler, J.

We deem it proper to dispose of each of the above-entitled actions in one opinion, as the main questions up for decision are the same in each case, and grow out of the same general transactions.

Thomas Skye was a Tonawanda Indian, living at the time of his death on the Tonawanda Reservation in this State. He owned by allotment or Indian title four parcels of real estate on the Tonawanda Indian Reservation. Thomas…

2Cases cited10 opinions

  1. Woodhull v. . RosenthalNew York Court of Appeals · 1875
  2. Hopper v. . SageNew York Court of Appeals · 1889
  3. Dole v. IrishNew York Supreme Court · 1848
  4. Jimeson v. PierceAppellate Division of the Supreme Court of the State of New York · 1902
  5. Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900

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