Legal Opinion

United States v. Marshall

Court of Appeals for the Eighth Circuit

Decided January 22, 1914No. 3920PublishedCited by 9 opinions

Appeal from the District Court of the United States for the East-' ■ern District of Oklahoma; Ralph E. Campbell, Judge. Proceeding by the United States against J. Horace Marshall, administrator, etc., and others, to cancel a patent alleged to have been obtained by fraud. From the decree, the United States appeals.

1Opinion of the Court

POPE, District Judge.

This is a proceeding by the government to ■cancel a patent alleged to have been obtained by fraud. The patent ran to one Cornelius Barnes, a deceased Choctaw Indian,, and covered a selection of land made by his administrator, Marshall, upon a showing by the administrator that Cornelius Barnes had died subsequent to September 25, 1902. The relevancy of this date arises from the fact that heirs were by the Act of July 1, 1902, c. 1362, 32 Stat. 641, allowed participation in the allotment of the common lands of the tribes where the Indian, from whom the inheritance came, had…

2Cases cited11 opinions

  1. Mullen v. United StatesSupreme Court of the United States · 1912
  2. Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
  3. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  4. Coder v. McPhersonCourt of Appeals for the Eighth Circuit · 1907
  5. The Santa RitaCourt of Appeals for the Ninth Circuit · 1910

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3Cited by9 opinions

  1. Roberts v. RobertsCourt of Appeals for the Eighth Circuit · 1915
  2. Schlafly v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  3. United States v. Grass Creek Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1916
  4. United States v. Porter Fuel Co.Court of Appeals for the Eighth Circuit · 1917
  5. Patton-Tully Transp. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1930

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