Legal Opinion

Ross v. Day

Supreme Court of the United States

Decided January 5, 1914No. 122PublishedCited by 17 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. The facts, which involve the title to certain lands allotted under the Cherokee Indian Allotment Act of July 1, 1902, are stated in the opinion. The jurisdiction and powers of the Secretary of the Interior in allotment of Cherokee lands were like those exercised by the Land Department over public lands.

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ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. The facts, which involve the title to certain lands allotted under the Cherokee Indian Allotment Act of July 1, 1902, are stated in the opinion. The jurisdiction and powers of the Secretary of the Interior in allotment of Cherokee lands were like those exercised by the Land Department over public lands. The record made before the referee in this cause is the only record that this court has the power to examine, because, by the constitution of the State of Oklahoma, the District Courts, even in cases where appeals may be taken to those…

1Opinion of the CourtJustice Pitney

This action was brought by the present plaintiffs in error for the purpose of obtaining a decree declaring the defendant in error to be a trustee for the plaintiffs with respect to the title to certain lands in the Cherokee Nation (a tract of twenty acres, and a separate tract of ten acres within the same quarter-section), that were allotted to defendant in error under the act of July 1, 1902, 32 Stat. 716, c. 1375. The decision of the Oklahoma Supreme Court in favor of the latter is reported in 29 Oklahoma, 186.

Plaintiffs are citizens by blood of the Cherokee Nation, and entitled to…

2Cases cited5 opinions

  1. Moore v. RobbinsSupreme Court of the United States · 1878
  2. Marquez v. FrisbieSupreme Court of the United States · 1879
  3. Quinby v. ConlanSupreme Court of the United States · 1882
  4. Gonzales v. FrenchSupreme Court of the United States · 1896
  5. Whitcomb v. WhiteSupreme Court of the United States · 1909

3Cited by17 opinions

  1. Guerrero-Lasprilla v. BarrSupreme Court of the United States · 2020
  2. Logan v. DavisSupreme Court of the United States · 1914
  3. United States v. Esnault-PelterieSupreme Court of the United States · 1938
  4. United States v. Swift & Co.Supreme Court of the United States · 1926
  5. Stilz v. United StatesSupreme Court of the United States · 1925

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