Stevens v. Smith
Supreme Court of Kansas
Error from Shawnee County. The facts of the case sufficiently appear in the opinion of the Court. By the 6th Article of the Treaty between the United States and Kansas Tribe of Indians of June 3d, 1825, (7, U. S. Slat, at Large, 244-5,) certain reservations are made one mile square, to certain half-breed Indians named. The defendant in error was entitled to one of said reserves, to be located on the north side of the Kansas river, numbered in the order named in the Treaty.
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Error from Shawnee County. The facts of the case sufficiently appear in the opinion of the Court. By the 6th Article of the Treaty between the United States and Kansas Tribe of Indians of June 3d, 1825, (7, U. S. Slat, at Large, 244-5,) certain reservations are made one mile square, to certain half-breed Indians named. The defendant in error was entitled to one of said reserves, to be located on the north side of the Kansas river, numbered in the order named in the Treaty. They were surveyed, located and numbered according to the Treaty. The Government always construed this Treaty as giving…
1Opinion of the Court
By the Court,
Kingman J.
The defendant in error brought suit to recover possession of a part of the tract of land reserved to the half-breeds of the Kansas tribe of Indians, by the 6th Section of the treaty of June 3d, 1825.
It was admitted on the trial that the plaintiff below was one of the reservees mentioned in that section, and that the premises sought to be recovered in the action were part and parcel of the special tract so reserved to the plaintiff by said treaty, and that said plaintiff was in possession of said premises on the 14th day of August, 1860.
*248The defendant below, (plaintiff in…
2Cited by5 opinions
- Sheldon v. DonohoeSupreme Court of Kansas · 1888
- Clark v. AkersSupreme Court of Kansas · 1876
- McGannon v. StraightlegeSupreme Court of Kansas · 1884
- Swope v. PurdyU.S. Circuit Court for the District of Kansas · 1870
- Baldwin v. LetsonCourt of Appeals of Kansas · 1897