Ash Sheep Co. v. United States
Supreme Court of the United States
APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The cases are stated in the opinion. When the Act of 1904 was passed, the title to the lánd was in the United States, and the only right of the Indians was a possessory right, Johnson v. McIntosh, 8 Wheat. 543; Spaulding v. Chandler, 160 U. S. 394; which could be terminated by act of Congress as well as by treaty or agreement with the Indians, Beecher v. Wetherby, 95 U. S. 517; Buttz v. Northern…
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APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The cases are stated in the opinion. When the Act of 1904 was passed, the title to the lánd was in the United States, and the only right of the Indians was a possessory right, Johnson v. McIntosh, 8 Wheat. 543; Spaulding v. Chandler, 160 U. S. 394; which could be terminated by act of Congress as well as by treaty or agreement with the Indians, Beecher v. Wetherby, 95 U. S. 517; Buttz v. Northern Pacific Ry. Co., 119 U. S. 73; Lone Wolf v. Huchcock, 187 U. S. 553. When this right of occupancy terminated or was…
1Opinion of the CourtJustice Clarke
These two cases were argued and will be decided together.
No. 212 is an appeal from a decree, entered in a suit in equity, in favor of the Government granting a permanent injunction restraining the appellant from trespassing upon described lands in Montana by grazing sheep thereon and for nominal damages for such trespass.
No. 285 is a proceeding in error, in which reversal is sought of a judgment rendered in an action at law against plaintiff in error, appellant in the equity suit, for a penalty for the same trespass.
The validity of the right asserted by the Government, in both cases, turns…
2Cases cited11 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- United States v. FreemanSupreme Court of the United States · 1845
- United States v. LacherSupreme Court of the United States · 1890
- United States v. Choctaw NationSupreme Court of the United States · 1900
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3Cited by94 opinions
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
- Magnolia Petroleum Co. v. HuntSupreme Court of the United States · 1944
- Solem v. BartlettSupreme Court of the United States · 1984
- Rosebud Sioux Tribe v. KneipSupreme Court of the United States · 1977
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
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