Legal Opinion

Wau-pe-man-qua v. Aldrich

U.S. Circuit Court for the District of Indiana

Decided July 1, 1886PublishedCited by 7 opinions

In Equity. Action to quiet title to land. The defendant claims under a tax sale, and the controlling question in the case is whether or not the land in question was subject to taxation by the local authorities of the state.

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In Equity. Action to quiet title to land. The defendant claims under a tax sale, and the controlling question in the case is whether or not the land in question was subject to taxation by the local authorities of the state. The' pertinent averments of the hill in this respect are to the following effect: ' That Jean Baptiste Riehardville was a member and the principal chief of the Miami Nation of Indians, and, prior to 1818, had, with the consent of his nation, taken exclusive possession of certain lands theretofore owned by the tribe, including three sections described in the third article…

1Opinion of the Court

Woods, J.,

(after making the foregoing statement.) The plea fails to show that the state court acquired jurisdiction of the person of the complainant’s mother, and thereby a right to revive the action against the complainant. There is therefore no conflict of jurisdiction between courts; and, in the other respect suggested, there is no lack of jurisdiction in this court, because, plainly, the case presents a federal question; namely, the question embodied in the third proposition of the plea now to be considered.

In view of the facts recited, resting, as they do, in public treaties and acts of…

2Cases cited18 opinions

  1. The Kansas IndiansSupreme Court of the United States · 1867
  2. Utah & Northern Railway v. FisherSupreme Court of the United States · 1885
  3. Wilson v. WallSupreme Court of the United States · 1867
  4. Langford v. MonteithSupreme Court of the United States · 1880
  5. Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823

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3Cited by7 opinions

  1. Miami Nation of Indians of Indiana, Inc. v. LujanDistrict Court, N.D. Indiana · 1993
  2. Miami Nation of Indians of Indiana v. BabbittDistrict Court, N.D. Indiana · 2000
  3. Y-Ta-Tah-Wah v. RebockU.S. Circuit Court for the District of Northern Iowa · 1900
  4. Board of Commissioners v. GodfroyIndiana Court of Appeals · 1901
  5. United States ex rel. Marks v. BrooksDistrict Court, N.D. Indiana · 1940

2 more not listed; retrieve them via the Exa API.

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