Porter v. Steinmetz
South Dakota Supreme Court
Appeal from 'Circuit Court, Grant County. Hon. Frank M'cNudty, Judge. Action by Clement F. Porter, against John W. Steinmetz, to quiet title to realty. From a judgment for plaintiff, and from an order denying- a new trial, defendant- appeals.
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Appeal from 'Circuit Court, Grant County. Hon. Frank M'cNudty, Judge. Action by Clement F. Porter, against John W. Steinmetz, to quiet title to realty. From a judgment for plaintiff, and from an order denying- a new trial, defendant- appeals. (i) To point one of the opinion, Appellant submitted that: If the proof had been made prior to the Act of July 4th, 1884, that act could 'have no application, even though patent was not issued until afterwards, and it could not in any manner affect the title; and' cited: United States v. Saunders, 96 Fed. 268; Franzee v. Spolcane County, 69 Pac. 779.…
1Opinion of the CourtGates, J.
[1] By section 15 of Act 'March 3, 1875, c-131, 18 Stat: 420 (IT. S. Comp. Stat. 1913, § 4611), the Congress extended the privileges of the Homestead Act of 1862 (Act May 20, 1862, c. 75, 12 Stat. 392) to Indians under certain conditions, with a proviso 'against incumbrance or alienation during the period'of 5 years after daté of patent. On April 28, 1879, Amos Owaykiduta, a Sioux Indian of the Sis'seton and Wahpeton band or tribe, duly qualified so to do, made homestead entry an a quarter section of the public domain in Grant county in the then territory of Dakota. This land was not tribal…
2Cases cited6 opinions
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- United States v. HemmerSupreme Court of the United States · 1916
- Hodges v. ColcordSupreme Court of the United States · 1904
- Bunker Hill & Sullivan Mining & Concentrating Co. v. United StatesSupreme Court of the United States · 1913
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3Cited by2 opinions
- Casey v. Butte CountySouth Dakota Supreme Court · 1927
- Steinmetz v. PorterSouth Dakota Supreme Court · 1923