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:…
1Concurrence · McCOYMcCOY, P. J.
(concurring in result reached by Justice POL-EEY.) Although of the view that those who are called the heirs of a deceased allottee do not take title as an inheritance, I am of the opinion that the judgment should be reversed. The heirs mentioned in the federal statute are merely grantees to whom the government will convey title in lieu and .in place of the deceased *344allottee. If it were not for the provisions of section 5 of the Act of February 8, 1887 (section 4201, U. S. 'Comp. Stat.), on the death of an allottee, the ¡United 'States would be under no obligation and could not-convey to heirs…
Also in this document: Concurrence · Smith.
2Cases cited51 opinions
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- Choate v. TrappSupreme Court of the United States · 1912
- Jones v. MeehanSupreme Court of the United States · 1899
- United States v. RickertSupreme Court of the United States · 1903
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
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