Hastings v. . Farmer
New York Court of Appeals
John Hastings brought replevin against Jackson Farmer and Alonzo Ellis for a span of horses.* The horses had formerly belonged to Farmer, who was an Onondaga Indian, and lived [294] with his tribe on the lands reserved for their use in the county of Onondaga. In the year 1844, Willet Raynor and Henry Raynor recovered judgment against him in a justice’s court for a store account, on which execution was issued, and the horses taken and sold.
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John Hastings brought replevin against Jackson Farmer and Alonzo Ellis for a span of horses.* The horses had formerly belonged to Farmer, who was an Onondaga Indian, and lived [294] with his tribe on the lands reserved for their use in the county of Onondaga. In the year 1844, Willet Raynor and Henry Raynor recovered judgment against him in a justice’s court for a store account, on which execution was issued, and the horses taken and sold. One Coville was the purchaser at the sale, and two or three weeks afterwards he sold them to the plaintiff, from whose possession they were taken by the…
1Opinion of the CourtHarris, J.
The relation between our government and the remnants of the Indian nations within our borders, has been aptly compared to that between a guardian and his ward. The Indian, though born within the territorial limits of our'state, is not a citizen. He does not possess the rights, nor is he bound to the duties of a citizen. He is governed by the laws and usages of his tribe, and is only subject to our laws, so far as the public safety requires. Each Indian tribe has been uniformly regarded as an independent sovereignty; and yet, in its weak and dependent condition, as the object of protecting…
2Cases cited3 opinions
- Griffith v. WellsNew York Supreme Court · 1846
- Dewitt v. PostNew York Supreme Court · 1814
- Dana v. DanaNew York Supreme Court · 1817
3Cited by16 opinions
- Jones v. MeehanSupreme Court of the United States · 1899
- Elk v. WilkinsSupreme Court of the United States · 1884
- Patterson v. Council of the Seneca NationNew York Court of Appeals · 1927
- Kobogum v. Jackson Iron Co.Michigan Supreme Court · 1889
- Hessel v. HesselNew York Supreme Court · 1957
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