Herring v. M'Elderry
Supreme Court of Alabama
This case was brought up by writ of error, to the Circuit Court of Talladega county, on. a decree of the Chancery side of that Court, dismissing a bill, filed by the plaintiff in error. The bill alleged, that under the treaty formed between the United States and the Creek Indians, an allotment of three hundred and twenty acres of land, had been made to one Holeyar, a Creek, upon which land, orator, had, with the consent of said Indian, for some time, resided.
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This case was brought up by writ of error, to the Circuit Court of Talladega county, on. a decree of the Chancery side of that Court, dismissing a bill, filed by the plaintiff in error. The bill alleged, that under the treaty formed between the United States and the Creek Indians, an allotment of three hundred and twenty acres of land, had been made to one Holeyar, a Creek, upon which land, orator, had, with the consent of said Indian, for some time, resided. That during this-period, orator entered into an agreement with the Indian, to purchase his reservation, but finding his means…
1Opinion of the CourtHopkins, C. J.
The bill in this case, was filed for the purpose of obtaining a decree to divest the defendants of title to a tract of land, and to vest it in the plaintiff upon.a contract, which is set out in the bill. The plaintiff alledged in his bill, that the land was selected by Holeyar, a Creek Indian, under the treaty made between the United States, and the tribe of Creek Indians, on the twenty-fourth of March, eighteen hundred and thirty-two : That before the selection was made, the plaintiff was in possession of the land, and afterward continued to reside on it, with the consent of the Indian :…
2Cited by1 opinion
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