Bonifer v. Smith
Court of Appeals for the Ninth Circuit
;• Appeal from the Circuit Court of the United States for the District óf Oregon. This is an appeal from a final decree rendered in a suit in which the bill,, in. spbstance, alleged that Philomme Smith is a full-blooded Indian woman, a member of the Walla Walla band of Indians, residing upon the Umatilla Indian reservation; that F. A. Smith, a white man, is her husband; that Charles Smith, Maggie Smith, and Janie Smith are their children and members of the Walla Walla band…
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;• Appeal from the Circuit Court of the United States for the District óf Oregon. This is an appeal from a final decree rendered in a suit in which the bill,, in. spbstance, alleged that Philomme Smith is a full-blooded Indian woman, a member of the Walla Walla band of Indians, residing upon the Umatilla Indian reservation; that F. A. Smith, a white man, is her husband; that Charles Smith, Maggie Smith, and Janie Smith are their children and members of the Walla Walla band of Indians residing upon the said reservation; that Elizabeth Smith is their granddaughter, being a ’daughter of James…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellants contend, first, that neither Philomme Smith nor any other of the appellees was entitled to any allotment whatsoever upon the Umatilla Indian Reservation; and, second, that, conceding the existence of such a right, the deceased children of Philomme Smith were not at the time of their death possessed of an interest capable of transmission by inheritance. As to the first of these contentions, it is to be observed, first, that it is conceded that the mother of Philomme Smith was a member of the Walla Walla tribe of Indians. Tt is contended,…
2Cases cited4 opinions
- Hutchings v. LowSupreme Court of the United States · 1873
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
- Beam v. United StatesCourt of Appeals for the Ninth Circuit · 1908
3Cited by12 opinions
- Halbert v. United StatesSupreme Court of the United States · 1931
- Turtle Mountain Band of Chippewa Indians v. United StatesUnited States Court of Claims · 1974
- United States v. ArenasCourt of Appeals for the Ninth Circuit · 1946
- Lemieux v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Means v. Navajo NationCourt of Appeals for the Ninth Circuit · 2005
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