Maney v. Porter
Tennessee Supreme Court
This bill was filed by Thomas Maney, in the chancery court at Franklin, against Thos.' J. Porter. Gwin, Fisher and others made contracts with certain Indians of the Choctaw tribe, claiming reservations of lands. ■ Gwin, Fisher and others sold an interest in the contract to Porter, and. Porter sold one-half of his interest in 25 sections, lying in the State of Mississippi, to complainant, Maney.
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This bill was filed by Thomas Maney, in the chancery court at Franklin, against Thos.' J. Porter. Gwin, Fisher and others made contracts with certain Indians of the Choctaw tribe, claiming reservations of lands. ■ Gwin, Fisher and others sold an interest in the contract to Porter, and. Porter sold one-half of his interest in 25 sections, lying in the State of Mississippi, to complainant, Maney. And this bill was filed for the purpose of procuring a rescission of the contract, on the grounds of fraudulent misrepresentations made to him in reference to the title, value, &c. &c. of the lands,…
1Opinion of the Court
Ready, special J.
delivered the opinion of the court.
The 14th article of the treaty concluded between Commissioners in behalf of the government of the United States, and Mingoes, chiefs, captains and warriors of the Choctaw nation, at Dancing Rabbit creek, on the 15th September, 1830, provides, that “each Choctaw head of a family, being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the agent within six months from the ratification of this treaty; and he or she shall, thereupon, be entitled to a reservation of one section of…
2Cases cited2 opinions
- Frost v. RaymondNew York Supreme Court · 1804
- Wallace v. Barlow's administratorsCourt of Appeals of Kentucky · 1813