Whitmire v. Cherokee Nation
United States Court of Claims
The Reporters’ statement of tbe ease: This is á continuation and conclusion of tbe previous decision (ante, p. 138). Tbe distinguishing features of tbe case were that tbe present complainants did not accept tbe number of freedmen, 2,052, which entered into tbe calculation of proportionate numbers in tbe previous cases of tbe Delawares and Shawnees, and that they insisted on recovering at tbe same rate per capita which tbe Cherokee Nation bad adopted when distributing tbe…
Read the full summary
The Reporters’ statement of tbe ease: This is á continuation and conclusion of tbe previous decision (ante, p. 138). Tbe distinguishing features of tbe case were that tbe present complainants did not accept tbe number of freedmen, 2,052, which entered into tbe calculation of proportionate numbers in tbe previous cases of tbe Delawares and Shawnees, and that they insisted on recovering at tbe same rate per capita which tbe Cherokee Nation bad adopted when distributing tbe money derived from its public lands among those who were Cherokees by blood. Tbe effect of this would be to absorb all of…
1Opinion of the Court
Nott, J.,
delivered tbe opinion of tbe court:
In a case of joint or communal ownership where tbe parties complainant must be counted by thousands, but are entitled to be paid per capita, it is absolutely impossible for a court to render several judgments in favor of each complainant. Tbe recovery, therefore, must be, as against tbe defendants, for a sum in gross; and tbe amount so recovered must constitute a fund for distribution among tbe joint or communal owners.
In tbe present case it is a matter of public concern, as well as of private right, that, tbe controversy be brought to au end. It is…
2Cited by8 opinions
- Cherokee Nation v. NashDistrict Court, District of Columbia · 2017
- Cherokee Nation v. United StatesUnited States Court of Claims · 1905
- New York Indians v. United StatesUnited States Court of Claims · 1905
- Eastern or Emigrant Cherokees v. United StatesUnited States Court of Claims · 1935
- Cherokee Nation v. United StatesUnited States Court of Claims · 1932
3 more not listed; retrieve them via the Exa API.