Davison v. Gibson
Court of Appeals for the Eighth Circuit
In Error to the United States Court in tiie Indian Territory. This was an action of replevin by J. P. Davison against Edward Gibson, in which there was judgment for defendant, and plaintiff brings error.
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In Error to the United States Court in tiie Indian Territory. This was an action of replevin by J. P. Davison against Edward Gibson, in which there was judgment for defendant, and plaintiff brings error. Statement by CALDWELL, Circuit Judge: Julia Gibson was bom a slave in the Creek nation in the Indian Territory, Her master sold her io a, slave owner in Missouri, who took her to that state, whore she was held as a slave until 1854, when her mother purchased her freedom, and brought her back to the Creek nafiou. During the" time she was a slave in Missouri she and Edward Gibson, who ivas also…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating tbe facts.) Assuming that tbe relation of husband and wife existed between tbe intestate and tbe defendant, by wbat law are bis rights as husband to be determined? Tbe intestate was a citizen and resident of tbe Creek nation, and the property was there. In tbe brief of tbe learned counsel for tbe defendant it is said:
“The Creeks have no married women's act allowing a wife to own and hold separate property, and in actions in the federal courts in the Indian Territory the rule of decision, in the absence of a statute or proof of the laws, rules, and…
2Cases cited13 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Holden v. JoySupreme Court of the United States · 1872
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
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3Cited by14 opinions
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- Banco De Sonora v. Bankers' Mut. Casualty Co.Supreme Court of Iowa · 1904
- Crickett v. HardinSupreme Court of Oklahoma · 1916
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