Baldwin v. Letson
Court of Appeals of Kansas
Error from Atchison District Court. Hon. Robert M. Eaton, Judge. This action was brought by Briggs and Letson against the plaintiff in error, Baldwin, to quiet the title to a certain tract of land in Atchison County, Kansas.
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Error from Atchison District Court. Hon. Robert M. Eaton, Judge. This action was brought by Briggs and Letson against the plaintiff in error, Baldwin, to quiet the title to a certain tract of land in Atchison County, Kansas. Both chains of title began with Peter Cadue, a Kiekapoo Indian, to whom the land was allotted under the treaty with the Kiekapoo Tribe, proclaimed May 28, 1863. In accordance with the provisions of the treaty, Peter Cadue, a male adult but not the head of a family, on the twentieth day of October, 1886, appered before the District Court of the United States for the…
1Opinion of the CourtWells, J.
While we have considered all of the assignments of error, we do not consider it important to comment upon each. As to the contention that the title acquired by the Kickapoo Indians was a fee simple, we desire to say that we do not deem it necessary to decide this point, because, under the decision of the Supreme Court of the United States — which court is the final arbiter of this case — it is held that a restriction upon the alienation of these lands is not inconsistent with a fee-simple title. See also Stevens v. Smith, 2 Kan. 243.
*13The pivotal question in this case, however, is, Which of the…
2Cases cited9 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Smith v. StevensSupreme Court of the United States · 1870
- Jenkins v. CollardSupreme Court of the United States · 1892
- Libby v. ClarkSupreme Court of the United States · 1886
- Sheldon v. DonohoeSupreme Court of Kansas · 1888
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3Cited by2 opinions
- Stevens v. ElliottSupreme Court of Oklahoma · 1911
- United States ex rel. Zane v. ZaneCourt Of Appeals Of Indian Territory · 1902