Strong v. Waterman
New York Court of Chancery
This was an application to dissolve an injunction granted by the vice chancellor of the eighth circuit, restraining the defendant from committing trespasses and waste upon the indian lands of the Cattaraugus reservation, or interfering with the possession of the indians residing on such reservation.
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This was an application to dissolve an injunction granted by the vice chancellor of the eighth circuit, restraining the defendant from committing trespasses and waste upon the indian lands of the Cattaraugus reservation, or interfering with the possession of the indians residing on such reservation. The bill was filed by the complainants, who were two chiefs of the Seneca nation of indians, and who had been appointed by the general council of chiefs for that purpose, in behalf of themselves and the other individuals of the Seneca nation, residing on their several reservations. And the bill,…
1Opinion of the Court
The Chancellor.
The rights of the indians in this state to the use, possession, and occupancy of the lands of their respective reservations, which have not been by them voluntarily ceded to the people of the state, or granted to individuals with the assent of the state, do not, at this time, admit of doubt. The ultimate fee of the land is undoubtedly in the state, or its grantees ; but the right of the indians to the beneficial use and occupancy thereof, until they think proper voluntarily to relinquish and abandon that right, has been too long recognized in this state to be now called in…
2Cases cited1 opinion
- Jackson ex dem. Smith v. GoodellNew York Supreme Court · 1822
3Cited by16 opinions
- Howard v. . MootNew York Court of Appeals · 1876
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- Seneca Nation v. ChristySupreme Court of the United States · 1896
- Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
- George v. PierceNew York Supreme Court · 1914
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