Brader v. James
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. The case is stated in the opinion. The Act of April 26,1906, was general, applying to all of the Five Civilized Tribes. There was no repeal by express reference of the former special acts relating to their lands and therefore their provisions remained unless repealed by necessary implication. Washington v. Miller, 235 U. S. 422; Endlich on Interpretation of Statutes, § 223; Jefferson v. Cook, 155 Pac.
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ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. The case is stated in the opinion. The Act of April 26,1906, was general, applying to all of the Five Civilized Tribes. There was no repeal by express reference of the former special acts relating to their lands and therefore their provisions remained unless repealed by necessary implication. Washington v. Miller, 235 U. S. 422; Endlich on Interpretation of Statutes, § 223; Jefferson v. Cook, 155 Pac. Rep. 852. The Act of 1906, while making the retrictions in some instances more burdensome upon allotted lands (§ 19), is essentially intended…
1Opinion of the CourtJustice Day
This case involves the right of Rachel James, a full-, blood Choctaw Indian, to convey certain land. The land was originally allotted to Cereña Wallace under the Supplemental Agreement with the Choctaws and Chiekasaws of July 1, 1902, 32 Stat. 641. As to the homestead allotment, which is here in question, § 12 of said agreement provided that it should be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of the certificate of allotment. Cereña Wallace, mother of Rachel James, and herself a full-blood Choctaw Indian, died October 27, 1905, leaving her…
2Cases cited7 opinions
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- Mullen v. United StatesSupreme Court of the United States · 1912
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3Cited by75 opinions
- Minnesota v. United StatesSupreme Court of the United States · 1939
- George Groundhog v. W. W. KeelerCourt of Appeals for the Tenth Circuit · 1971
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- United States v. JacksonSupreme Court of the United States · 1930
- Northern Cheyenne Tribe v. HollowbreastSupreme Court of the United States · 1976
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