Hollinger v. Smith
Supreme Court of Alabama
Whit of Error to the Circuit Court of Clark county, Action of trespass to try title. Pleas — not guilty and libe-rum tenementum. Verdict and judgment for the plaintiff.
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Whit of Error to the Circuit Court of Clark county, Action of trespass to try title. Pleas — not guilty and libe-rum tenementum. Verdict and judgment for the plaintiff. In the course of the trial the defendant gave in evidence, a document emanating from the General Land Office, in these words : General Land Office, April 12th, 1820. I certify that in pursuance of an act of Congress passed on the 3d March, 1817, entitled an act making provision for the location of the lands reserved by the first article of the treaty of the 9th August, 1814, between the United States and the Creek Nation, to…
1Opinion of the CourtGoldthwaite, J.
This case was argued chiefly upon its supposed connection with the treaty made with the Creek Indians, in 1814, and the act of, Congress of the 3d March, 1817, by which the United States complied with their engagements to the Indians, as stipulated in the first article of the treaty.
The treaty contemplates no other reservations of land than, to the Chiefs and Warriors of the tribe, and then only upon the condition that they and their descendants shall continue to occupy the reservations. The act goes much beyond the treaty, and after providing for the reservations of land by the Chiefs and…
2Cited by4 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Turnipseed v. FitzpatrickSupreme Court of Alabama · 1883
- Lamar v. MinterSupreme Court of Alabama · 1848
- Headley v. McCallSupreme Court of Alabama · 1920