Blacksmith v. . Fellows
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. This was an action of trespass quare clausum fregit, brought by John Blacksmith, a Seneca Indian, belonging to the Tonawanda band, against the defendants, Joseph Fellows and Bobert Kendle, for entering, with force and arms, into the close of the plaintiff, commonly known as an Indian saw-mill and yard, in the town of Pembroke, in the county of Genesee, and then and there expelling and dispossessing the plaintiff. The defendants pleaded…
1Opinion of the CourtEdmonds, J.
There was originally a dispute between the states of New York and Massachusetts as to a large tract of land of which the locas in quo was a part. In 1786, that dispute was settled, by a cession from Massachusetts to New York of the government, sovereignty and jurisdiction of the lands in controversy, and by a cession from New York to Massachusetts of “the right of pre-emption of the soil from the native Indians, and all other right or title of New York” to the same. The lands were then in the independent occupancy of a nation of Indians, and were owned by them, and all that Massachusetts…
2Cited by5 opinions
- Benson v. United StatesU.S. Circuit Court for the District of Northern New York · 1890
- Seneca Nation of Indians v. ApplebyAppellate Division of the Supreme Court of the State of New York · 1908
- Public Service Commission v. Edwards Motor Transit Co.New York Supreme Court · 1943
- Seneca Nation of Indians v. HammondNew York Supreme Court · 1875
- Seneca Nation of Indians v. HammondNew York Supreme Court · 1874