Wells v. Thompson
Supreme Court of Alabama
Error to the Circuit Court of Macon. Judgment by his Honor George W. Stone. Trespass to try title, by the plaintiffs in error. From a bill of exceptions it appears, that one Mary Wells, under the-2d article of the Creek treaty of the 24th March, 1832, was enrolled as the head of a family, and located on the land in controversy, and that the defendant was in possession at the commencement of this suit.
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Error to the Circuit Court of Macon. Judgment by his Honor George W. Stone. Trespass to try title, by the plaintiffs in error. From a bill of exceptions it appears, that one Mary Wells, under the-2d article of the Creek treaty of the 24th March, 1832, was enrolled as the head of a family, and located on the land in controversy, and that the defendant was in possession at the commencement of this suit. The plaintiffs are the children of Mary Wells, who was not more than one-fourth of Indian blood. That in 1821, she was married to one William J. Wells, a white man, by an authorized officer in…
1Opinion of the CourtCollier, C. J.
By the treaty of the 24th of March, 1832, the Creek tribe of Indians ceded to the United States all their land east of the Mississippi river. The United States engaged by the same instrument to survey this land as soon as the same could be conveniently done, and when surveyed to allow ninety principal chiefs of the tribe to select one section each, and every head of a Creek family to select one half section each, “ which tracts shall be reserved from sale for their use for the term of five years, unless sooner disposed of by them. A census of these persons shall be taken under the direction…
2Cases cited5 opinions
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Davis v. MasonSupreme Court of the United States · 1828
- Kennedy v. Heirs of M'CartneySupreme Court of Alabama · 1836
- Gill v. TaylorSupreme Court of Alabama · 1836
- French v. RollinsSupreme Judicial Court of Maine · 1842
3Cited by4 opinions
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
- Corprew v. ArthurSupreme Court of Alabama · 1849
- Rogers v. CordingleySupreme Court of Minnesota · 1942
- Rose v. GriffinSupreme Court of Alabama · 1859