Legal Opinion

Mascarinas v. United States

United States Court of Claims

Decided December 6, 1897No. Indian Depredations, 1256Published

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter found the claimant was a citizen of the United States, residing in Taos County, in the Territory of New Mexico. II.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter found the claimant was a citizen of the United States, residing in Taos County, in the Territory of New Mexico. II. On the 19th day of June, 1874, the claimant, was the owner of tbe horses and mares described in the petition, then and there reasonably worth the sum o'f $480. On said date, in the northwestern part of Texas, near tbe line of the Territory of New Mexico, Indians belonging to'the Cheyenne and Arapahoe tribe, band, or nation, stampeded,…

1Opinion of the CourtPeelle, J.

In the original petition herein the Cheyenne and Arapahoe Indians only were made defendants, but later an amended petition was filed making the Kiowa and Comanche Indians parties def: dant as well.

The findings, however, show that the depredation complained of and as found by the court was committed by the Cheyenne and Arapahoe Indians June 19, 1874, in the northwestern part of Texas, near the line of the Territory of. New Mexico.

The defendants contend that the depredating Indians were not in amity with the United States at the time of the depredation, and this presents the question we are…

2Cases cited1 opinion

  1. Gamel v. United StatesUnited States Court of Claims · 1896

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