People Ex Rel. Kennedy v. . Becker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1915, which reversed an order of Special Term sustaining a writ of habeas corpus and discharging the prisoners represented by the relator from custody and remanded said prisoners to custody. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1915, which reversed an order of Special Term sustaining a writ of habeas corpus and discharging the prisoners represented by the relator from custody and remanded said prisoners to custody. The facts, so far as material, are stated in the opinion. To hunt and fish without interference on these lands ceded qualifiedly to Morris was a right as fully secured as was exclusive enjoyment of the several parcels on which the Senecas-expected to dwell. (Worcester v. State of…
1Opinion of the Court
Hiscock, J.:
By the treaty of “ Big Tree ” in 1797, the Seneca Nation of Indians ceded to Robert Morris their title to certain lands bounded on the south by Eighteen Mile creek, near Buffalo. Subsequently they ceded to other grantees their title to lands bounded on the north by said creek and lying opposite to those first mentioned. The first treaty contained a provision “ excepting and reserving to them, the said party of the first part (the Seneca Nation) and their heirs the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed.”
Certain members of the…
2Cases cited2 opinions
- United States v. WinansSupreme Court of the United States · 1905
- Ward v. Race HorseSupreme Court of the United States · 1896
3Cited by6 opinions
- New York Ex Rel. Kennedy v. BeckerSupreme Court of the United States · 1916
- People Ex Rel. Ray v. MartinNew York Court of Appeals · 1945
- Nephew v. StateNew York Court of Claims · 1942
- People ex rel. Schuyler v. LivingstoneNew York Supreme Court · 1924
- Stewart v. TurneyNew York Supreme Court · 1921
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