Journeycake v. Cherokee Nation
United States Court of Claims
The Reporters’ statement of tbe case: As this was in legal effect a suit in equity and was heard upon an agreed statement no findings of fact were filed. The statutes by which jurisdiction was conferred on this court and the agreed statement referred to are the following: Jurisdictional act. “An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians, and the freedmen of the Cherokee Nation, and for other purposes.
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The Reporters’ statement of tbe case: As this was in legal effect a suit in equity and was heard upon an agreed statement no findings of fact were filed. The statutes by which jurisdiction was conferred on this court and the agreed statement referred to are the following: Jurisdictional act. “An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians, and the freedmen of the Cherokee Nation, and for other purposes. Be it enacted, etc., That full jurisdiction is hereby conferred upon the Court of Claims, subject to an appeal to the Supreme Court of the United…
1Opinion of the Court
Nott, J.,
delivered, tbe opinion of the court:
Communal property is an estate which is neither national nor individual; that is to say, where the fee is vested neither in a person, or number of persons in their own right, nor in a body corporate ¡or politic. In this country it is substantially unknown, less so than in England, where a semblance to communal property in commons and right of common still has a practical existence.
It is indeed not improbable that many of our troubles with ■the Indian tribes have sprung from the fact that our treaty-making commissioners and agents were ignorant of…
2Cases cited2 opinions
- Western Cherokee Indians v. United StatesUnited States Court of Claims · 1891
- Brown v. United StatesUnited States Court of Claims · 1870
3Cited by14 opinions
- Minnesota Chippewa Tribe v. The United StatesUnited States Court of Claims · 1963
- United States v. FelterDistrict Court, D. Utah · 1982
- Cherokee Nation of Oklahoma v. NortonCourt of Appeals for the Tenth Circuit · 2004
- Whitmire v. Cherokee NationUnited States Court of Claims · 1895
- Cherokee Nation v. NashDistrict Court, District of Columbia · 2017
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