United States v. Fairbanks
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. These suits involve conflicting claims to two 80-acre allotments of land on the White Earth Indian reservation under the general allotment act (Act Feb. 8, 1887, c. 119, 24 Stat. 388), the Nelson act (Act Jan. 34, 1889, c. 24, 25 Stat. 642), and the Steenerson act (Act April 28, 1904, c. 1780, 33 Stat. 539). On the 29th of June, 1904, the plaintiffs, Annie Fairbanks and Edward L. Warren,…
Read the full summary
Appeal from the Circuit Court of the United States for the District of Minnesota. These suits involve conflicting claims to two 80-acre allotments of land on the White Earth Indian reservation under the general allotment act (Act Feb. 8, 1887, c. 119, 24 Stat. 388), the Nelson act (Act Jan. 34, 1889, c. 24, 25 Stat. 642), and the Steenerson act (Act April 28, 1904, c. 1780, 33 Stat. 539). On the 29th of June, 1904, the plaintiffs, Annie Fairbanks and Edward L. Warren, presented to the Indian agent in charge of the White Earth reservation applications for allotments of the land in question as…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). A preliminary question .is raised by the government as to the jurisdiction of the court to deal with the rights of the Mooers in these suits. It is urged that under Act Aug. 15, 1894, c. 390, 38 Stat. 305 as amended by Act Feb. 6, 1901, c. 317, 31 Stat. 760, the court has jurisdiction only to determine whether the plaintiff is entitled to any allotment of land on the reservation, but has no jurisdiction to determine conflicting rights between different applicants for allotment of the same lands. This contention is based upon the provision of the…
2Cases cited9 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
- Hayes v. BarringerCourt of Appeals for the Eighth Circuit · 1909
- Smith v. BoniferU.S. Circuit Court for the District of Oregon · 1904
- Sloan v. United StatesU.S. Circuit Court for the District of Nebraska · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Oakes v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Leecy v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- Irene Mitchell Pallin v. United States of America and Edward Elmer Mitchell, Jr.Court of Appeals for the Ninth Circuit · 1974
- Wise v. United StatesCourt of Appeals for the Tenth Circuit · 1961
- United States v. La RoqueCourt of Appeals for the Eighth Circuit · 1912
2 more not listed; retrieve them via the Exa API.