Pickering v. Lomax
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The court stated the case as follows. This was an action of ejectment brought by Pickering against John A. Lomax and William Kolze to recover two parcels of land in Cook County, Illinois, which had originally been granted by the United States to certain Indians under the treaty of Prairie du Chien of July 29, 1829. A jury was waived, the case tried by the court, and a judgment rendered in favor of the defendants.
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The court stated the case as follows. This was an action of ejectment brought by Pickering against John A. Lomax and William Kolze to recover two parcels of land in Cook County, Illinois, which had originally been granted by the United States to certain Indians under the treaty of Prairie du Chien of July 29, 1829. A jury was waived, the case tried by the court, and a judgment rendered in favor of the defendants. The plaintiff thereupon sued out a writ of error from the Supreme Court of Illinois, which affirmed the judgment of the lower…
1Opinion of the CourtJustice Brown
This case turns upon the question whether the act of Congress prohibiting Indian lands from being conveyed, except by permission of the President, is satisfied by his approval endorsed upon a deed thirteen years after its execution, and after the death of the grantee and the sale of the land hy his administrator.
1. A ps?eliminary question is made by the defendant in error, as to the jurisdiction of this court. By Rev. Stat. sec. 709, our authority to review final judgments or decrees of the highest courts of a State extends to all cases “ where is drawn in question the validity' of a treaty…
2Cases cited5 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Cook v. TullisSupreme Court of the United States · 1874
- Smith v. StevensSupreme Court of the United States · 1870
- Godfrey v. BeardsleyU.S. Circuit Court for the District of Indiana · 1841
- Murray v. WoodenNew York Supreme Court · 1837
3Cited by54 opinions
- Jones v. MeehanSupreme Court of the United States · 1899
- Shulthis v. McDougalCourt of Appeals for the Eighth Circuit · 1909
- Lykins v. McGrathSupreme Court of the United States · 1902
- Taylor v. BrownSupreme Court of the United States · 1893
- Harris v. BellSupreme Court of the United States · 1920
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