Legal Opinion

Hockett v. Alston

Court of Appeals for the Eighth Circuit

Decided September 30, 1901No. 1,553PublishedCited by 12 opinions

In Error to the United States Court of Appeals in the Indian Territory. This writ of error questions a judgment for the plaintiff in an action for the possession of certain improvements upon lands in the Indian Territory made and held by the defendants.

Read the full summary

In Error to the United States Court of Appeals in the Indian Territory. This writ of error questions a judgment for the plaintiff in an action for the possession of certain improvements upon lands in the Indian Territory made and held by the defendants. The plaintiff below, Sarah Carlton Alston, the defendant in error here, alleged in her complaint that she was the owner and entitled to the possession of the Ered Hockett farm, a frame house, stables, and outbuildings situated on lands which were patented to the Cherokee Nation on December 31, 183S; that on August 30, 1897, these improvements…

1Opinion of the CourtSanborn, Circuit Judge

This was an action in the nature of ejectment to recover possession of improvements upon land of the Cherokee Nation in the Indian Territory which had been made by, and were in the possession of, the defendants. The trial court held that the certificate of a sheriff of the Cherokee Nation that he had sold these improvements to the plaintiff, without proof of any law or of any order or decree of the court empowering him to do so, established his grantee’s right to the possession and to a recovery of this property from the defendants, and this ruling was affirmed by the court of appeals of the…

2Cases cited6 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Keane v. CannovanCalifornia Supreme Court · 1863
  3. Foster v. EvansSupreme Court of Missouri · 1872
  4. Wilson v. OwensCourt of Appeals for the Eighth Circuit · 1898
  5. Wilson v. FineDistrict Court, D. Oregon · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Bruner v. SandersSupreme Court of Oklahoma · 1910
  2. Sass v. ThomasCourt Of Appeals Of Indian Territory · 1902
  3. Williams v. WorksCourt Of Appeals Of Indian Territory · 1903
  4. Ansley v. McLoudCourt Of Appeals Of Indian Territory · 1904
  5. Sewell v. SettermanSupreme Court of Oklahoma · 1918

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API