Highrock v. Gavin
South Dakota Supreme Court
Appeal from Circuit 'Court, Charles Mix County. Hon. • Robert B. Tripp, Judge. Action ¡by Mary Highrock, against John P. Gavin and others, to quiet title to realty. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant submitted that: It was the intention of Congress by the General Allotment Acl to give to the allottee a vested substantial and individual property interest in allotted land.
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Appeal from Circuit 'Court, Charles Mix County. Hon. • Robert B. Tripp, Judge. Action ¡by Mary Highrock, against John P. Gavin and others, to quiet title to realty. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant submitted that: It was the intention of Congress by the General Allotment Acl to give to the allottee a vested substantial and individual property interest in allotted land. This court in the Daugherty case, in speaking of the decision of the United States Supreme Court in the Chase case, says:…
1Opinion of the CourtPolley, J.
This action was brought for the purpose of determining adverse claims to 80 acres of land in Charles Mix county. Plaintiff in her complaint alleges that she is the owner of said land and asks that title thereto be quieted in her.
Defendants, by way of defense and counterclaim to plaintiff’s complaint, allege that the land in question had been alloted to one Paul Gondrow, a member of the Yankton Band of .Sioux Indians, by a so-called trust patent issued by the government of the United States, pursuant to Act of Congress approved February 8, 1887, c. 119, 24 'Stat. 388, known as the General…
2Cases cited18 opinions
- Jones v. MeehanSupreme Court of the United States · 1899
- McKay v. KalytonSupreme Court of the United States · 1907
- United States v. Thurston County, Neb.Court of Appeals for the Eighth Circuit · 1906
- Hall v. RussellSupreme Court of the United States · 1880
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
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