Legal Opinion
E. Nedene Wardle v. Northwest Investment Company
Court of Appeals for the Eighth Circuit
Decided September 30, 1987No. 85-5359 MNPublishedCited by 10 opinions
1Opinion of the Court
FAIRCHILD, Senior Circuit Judge.
Plaintiffs appeal from the judgment against them in their suit to establish their interest in land that originally had been an allotment to their Indian ancestor. We AFFIRM.
I. FACTS
On September 26, 1893, pursuant to treaty, the United States conveyed by restricted patent to Adelaide Clark, an Indian of the Fond du Lac Band of the Chippewa Indians, approximately 80 acres of land in Carlton County, Minnesota. The patent provided that neither Clark nor her heirs could sell, lease or alienate the property without the consent of the President of the United States.
Cla…
2Cases cited23 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. MitchellSupreme Court of the United States · 1983
- United States v. MitchellSupreme Court of the United States · 1980
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- United States v. KingSupreme Court of the United States · 1969
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3Cited by10 opinions
- Plains Commerce Bank v. Long Family Land and Cattle Company, Inc. Ronnie Long Lila Long, Cheyenne River Sioux Tribe, Amicus Curiae-Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2007
- Cameron v. Bay Mills Indian CommunityDistrict Court, W.D. Michigan · 1994
- Dico, Inc. v. DiamondDistrict Court, S.D. Iowa · 1993
- Marvin Manypenny, Margaret Norcross, Seraphine Rock, Theodore Hoagland, Leroy Nelson, George McDonald Dorothy Brown, John Brown, Maggie Weaver, Winona Laduke, Sun Bear (A/k/a Vincente Laduke), Shirley Laduke, Clifton Laduke, George Peake, Jr., David Peake, Lesley Bellecourt, Fred Weaver, Earl Peabody, Maji Gabo, A/K/A Laverne Boswell, John Bush, Harry Kettle, Albert Murray, Luella B. Morrison Hulbert, and George Fineday, Sr., and Norma Koenen, Individually, and on Behalf of All Others Similarly Situated v. The United States of America, the United States Department of Interior, Donald Hodel, in His Official Capacity as Secretary of the Interior, Ross Swimmer, in His Official Capacity as Assistant Secretary of the Interior for Indian Affairs State of Minnesota, County of Becker, County of Clearwater, County of Mahnomen, Thomas Triplett, Commissioner of Revenue, State of Minnesota, Individually and in His Official Capacity, Ernest E. Kretzschmar, Harold Nystrom, Elizabeth Nystrom, Albin Scherping, S.E. Mooers, Violet J. Schroeder, Samuel Gladdig, Frances Johnson, L.G. Everest, Inc., Leslie M. Hanson, Waubaun School District 435, Allan Aanerud, Arnold Basted, Douglas Kramer, Joan Kramer, Richer Swierr, Agnes Swierr, A.J. Wambach, Jr., Beryl Wambach, Brian M. Elliott, Veronica M. Elliott, Gerald Fleming, Susan J. Fleming, Robert G. McGregor Jacqueline McGregor John Doe and Mary Roe, Current and Past Holders or to Lands on the White Earth Indian Reservation Properly Belonging to and Members of the Respective Classes They Represent, George Fineday, Sr., Fred Weaver, Melvin Buckanaga, Sr., John Gwinn, Hank Smith, Freda Higman, Marvin Manypenny, Sullivan Adams, Hazel Arthur, Karen Manypenny, Dorothy Brown, Bernice Buckanaga, Hazel Aitkin, Sally Lu Littlewolf v. The United States of America, the United States Department of Interior, Donald Hodel, Individually and in His Official Capacity as Secretary of Interior, Ross Swimmer, Individually and in His Official Capacity as Assistant Secretary of the Interior for Indian Affairs, State of Minnesota, County of Becker, County of Clearwater, County of Mahnomen, Thomas Triplett, Commissioner of Revenue, State of Minnesota, Individually and in His Official Capacity, T.P. Kremer, William Sheeler, Oscar Peterson, Gerald Fleming, Carol Fleming, A. Roger Viker, R.D. Malmo, Edward Trautner, Leona Trautner, St. C. Lister Co., John Donley and Glenice Donly, and John Doe and Mary Roe, Current and Past Holders or to Lands on the White Earth Indian Reservation Properly Belonging to and Members of the Respective Classes They Represent, Arnold Blazer, Marion J. Pederson, Theodore E. Dubois, Arthur E. Erickson, Gwendolyn Erickson, Ralph C. Kunze, Adryn Sponberg, James B. Hull, Muriel A. Hull, Paul Stalberger, Joann Stalberger, Raymond Brtek, Lawrence Osenga, Diane OsengaCourt of Appeals for the Eighth Circuit · 1991
- Winston G. Chandler v. US Air ForceCourt of Appeals for the Eighth Circuit · 2001
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