Legal Opinion

Whitmire v. United States

United States Court of Claims

Decided March 29, 1909No. 17209PublishedCited by 2 opinions

The Reporters’ statement of the case: The following is the motion of the claimants on which this decision is based: Now comes the claimants, the freedmen of the Cherokee Nation, and by Robert H. Kern, their attorney of record, and suggesting the death of Moses Whitmire, their trustee in this behalf, move the court to appoint as their trustee in his place and stead, Jacob B. Wilson, one of their number, selected by them for that purpose; and claimants further move the court…

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The Reporters’ statement of the case: The following is the motion of the claimants on which this decision is based: Now comes the claimants, the freedmen of the Cherokee Nation, and by Robert H. Kern, their attorney of record, and suggesting the death of Moses Whitmire, their trustee in this behalf, move the court to appoint as their trustee in his place and stead, Jacob B. Wilson, one of their number, selected by them for that purpose; and claimants further move the court for an order granting them leave to file in this cause the supplemental petition which accompanies this motion. The “…

1Opinion of the CourtHo why, J.

Petitioners, who are said to number 1,200, are persons of color otherwise known as “ freedmen ” and claiming rights under a treaty proclaimed August 11, 1866 (14 Stat., 799), between the Cherokee Nation and the United States. By an act approved October 1,1890 (26 Stat., 636), full jurisdiction was conferred upon this court, subject to appeal,

“to hear and-determine the just rights in law or in equity of * * * the Cherokee freedmen, who are settled and located in the Cherokee Nation under the provisions and stipulations of article 9 of the aforesaid treaty of 1866, in respect to the…

2Cases cited2 opinions

  1. Pam-To-Pee v. United StatesSupreme Court of the United States · 1902
  2. Phineas Pam-To-Pee v. United StatesSupreme Court of the United States · 1893

3Cited by2 opinions

  1. Cherokee Nation v. NashDistrict Court, District of Columbia · 2017
  2. Robinson v. United StatesUnited States Court of Claims · 1984

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