Kalyton v. Kalyton
Oregon Supreme Court
From Umatilla: William R. Ellis, Judge. This is a suit by Agnes Kalyton, a minor, by her mother, as guardian ad litem, to establish her right to certain real property. The transcript shows that about April 21,1891, Joe Kalyton, an Indian, and a member of the Cayuse tribe, was allotted in severalty 157 acres of land in the Umatilla Indian Reservation.
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From Umatilla: William R. Ellis, Judge. This is a suit by Agnes Kalyton, a minor, by her mother, as guardian ad litem, to establish her right to certain real property. The transcript shows that about April 21,1891, Joe Kalyton, an Indian, and a member of the Cayuse tribe, was allotted in severalty 157 acres of land in the Umatilla Indian Reservation. He thereafter lived with the plaintiff’s mother, and died intestate about January, 1899, seised of the real property allotted to him, and after his death the plaintiff was born. The defendant Mary Kalyton, his sister, claiming to be his sole…
1Opinion of the CourtChief Justice Moore
1. It is contended by plaintiff’s counsel that notwithstanding land in the Umatilla Indian Reservation had been *119allotted in severalty to Joe Kalyton, and also to plaintiff’s mother, their tribal relations still existed, and, as the testimony shows that they were married according to the customs and laws of the tribe to which they belonged, the court erred in refusing to grant the relief prayed for. It is maintained by the defendants’ counsel, however, that the testimony shows that plaintiff’s mother was incompetent to enter into a legal marriage, and, this being so, the plaintiff was not born…
2Cases cited8 opinions
- United States v. RickertSupreme Court of the United States · 1903
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- Henry v. TaylorSouth Dakota Supreme Court · 1903
- United States v. Flournoy Live-Stock & Real-Estate Co.U.S. Circuit Court for the District of Nebraska · 1896
- State v. Columbia GeorgeOregon Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Maxwell v. FrazierOregon Supreme Court · 1908
- Brecht v. Bur-Ne Co.Supreme Court of Florida · 1926
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
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