Legal Opinion

United States Ex Rel. Knight v. Lane

Supreme Court of the United States

Decided March 17, 1913No. 163PublishedCited by 17 opinions

IN ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA,. The facts, which involve the construction of the act of Congress allotting Cherokee, lands in severalty and the power of the Secretary of the Interior thereunder to determine contests and to reconsider his decisions thereon, aré stated in the opinion.

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IN ERROR TO THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA,. The facts, which involve the construction of the act of Congress allotting Cherokee, lands in severalty and the power of the Secretary of the Interior thereunder to determine contests and to reconsider his decisions thereon, aré stated in the opinion. The execution by the principal chief of the Cherokee Nation of the patent in favor of Knight, under the circumstances of this case, rendered the issuance of an allotment certificate unnecessary. The patent itself contained within its four corners all pertinent recitals of such a…

1Opinion of the CourtJustice Van Devanteb

This writ of error brings up for review, a judgment of the Court of. Appeals of the District of Columbia (35 App. D. C. 429) affirming a judgment of the Supreme Court of the District refusing a writ of mandamus commanding the Secretary of the Interior to deliver to the relator a patent for a tract of land claimed by the latter as a Cherokee allotment. The facts upon which the decision must turn are these:

On August 21, 1907, a parcel of allottable land containing 50 acres, in the Cherokee Nation, was selected as an allotment for Eva Waters, a minor Cherokee child belonging to the class whose…

2Cases cited8 opinions

  1. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  2. United States v. SchurzSupreme Court of the United States · 1880
  3. United States Ex Rel. Ness v. FisherSupreme Court of the United States · 1912
  4. Garfield v. United States Ex Rel. GoldsbySupreme Court of the United States · 1908
  5. Brown v. HitchcockSupreme Court of the United States · 1899

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3Cited by17 opinions

  1. Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
  2. Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
  3. Lane v. United States Ex Rel. MickadietSupreme Court of the United States · 1916
  4. Plainfield-Union Water Co. v. Borough of MountainsideSupreme Court of New Jersey · 1954
  5. St. Marie v. United StatesCourt of Appeals for the Ninth Circuit · 1940

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