Blacksmith v. . Fellows
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. This was an action of trespass quare clausum fregit, brought by John Blacksmith, a Seneca Indian, belonging to the Tonawanda band, against the defendants, Joseph Fellows and Bobert Kendle, for entering, with force and arms, into the close of the plaintiff, commonly known as an Indian saw-mill and yard, in the town of Pembroke, in the county of Genesee, and then and there expelling and dispossessing the plaintiff. The defendants pleaded…
1DissentWelles, J.
{Dissenting) — The first point made on behalf of the appellants, is, that the plaintiff in the court below could not maintain an action, individually, for trespass on land belonging to the Seneca Nation of Indians; the bill of exceptions shows that the plaintiff is a native Indian, belonging to the Tonawanda band of the Seneca Nation; that the close mentioned in the second count of the declaration is situated in the town of Pembroke, in the county of Genesee, upon the tract of 12,800 acres, commonly known and designated by the name of the Tonawanda reservation; that the close in question is,…
Also in this document: Per curiam.
2Cases cited6 opinions
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Foster v. NeilsonSupreme Court of the United States · 1829
- The New York IndiansSupreme Court of the United States · 1867
- United States v. BrooksSupreme Court of the United States · 1851
- Fellows v. . DennistonNew York Court of Appeals · 1861
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