Seneca Nation of Indians v. Appleby
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, The Seneca Nation of Indians, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 12th day of December, 1906, upon the verdict of a jury,' rendered by direction of the court after a trial at the Erie Trial Term, dismissing the complaint upon the merits and adjudging the defendant to be the owner in fee of the lands in controversy subject to the plaintiff’s right of…
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Appeal, by the plaintiff, The Seneca Nation of Indians, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 12th day of December, 1906, upon the verdict of a jury,' rendered by direction of the court after a trial at the Erie Trial Term, dismissing the complaint upon the merits and adjudging the defendant to be the owner in fee of the lands in controversy subject to the plaintiff’s right of occupancy. The action was commenced in pursuance of section 1638 of the Code of Civil Procedure to compel the determination of…
1Opinion of the Court
Spring, J.:
The plaintiff has long been in the occupancy of the lands in controversy. They comprise, two distinct tracts or reservations. One in Cattaraugus county, a strip a mile in width, extending along the Allegany river for about forty miles and containing 30,469 acres, and known as the Allegany Reservation. The other, extending from Lake Erie eastwardly along the Cattaraugus creek, including lands in Cattaraugus, Chautauqua and Erie counties, and containing 21,630 acres, and' designated the Cattaraugus Reservation.
The Seneca Nation has its own constitution and form of govern-■ ment with…
2Cases cited8 opinions
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
- United States v. KagamaSupreme Court of the United States · 1886
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Fellows v. . DennistonNew York Court of Appeals · 1861
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3Cited by2 opinions
- Tuscarora Nation of Indians v. Power Authority of New YorkDistrict Court, W.D. New York · 1958
- City of Geneva v. HensonAppellate Division of the Supreme Court of the State of New York · 1910