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:…
1ConcurrenceWhiting, J.
(concurring.) I concur in the conclusion reached by Judge FOLLjEY, and, in view of the importance of the questions involved and of the fact that we reversing a former holding of this court, I feel justified in discussing at some considerable length the reasons for my present conclusions. After a most careful study of many authorities, and, I think, a reading of practically every statute upon which the holdings therein are based, I have reached the conclusion that my former views, in ■harmony with former decisions of -this court, were, in some important particulars, erroneous. I am of the…
2Cases cited17 opinions
- Jones v. MeehanSupreme Court of the United States · 1899
- Hallowell v. CommonsSupreme Court of the United States · 1916
- McKay v. KalytonSupreme Court of the United States · 1907
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
- Kalyton v. KalytonOregon Supreme Court · 1903
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