Crowell v. Young
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. W. M. Springer, Judge, Suit to foreclose a mortgage by F. M. Crowell and another against J. W. Young and others. Decree sustains a demurrer to complaint. Plaintiff appeal.
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Appeal from the United States Court for the Northern District. W. M. Springer, Judge, Suit to foreclose a mortgage by F. M. Crowell and another against J. W. Young and others. Decree sustains a demurrer to complaint. Plaintiff appeal. The appellants' complaint in equity alleges that the defendants (appellees here) and plaintiff Crowell are Cherokee Indians, and that the plaintiff Blevins is a citizen of the United States; that on the 13th day of September, 1895, the defendants, being indebted to plaintiffs in the sum of $1,677.50, executed to plaintiffs their promissory note for that sufrí,…
1Opinion of the CourtClayton, J.
The court below entertained the opinion that a Cherokee Indian could not execute a valid mortgage to a citizen of the United States upon his premises located in the Cherokee Nation, and as the plaintiff Blevins, one of the mortga*39gees named in the mortgage, was a white man, held, therefore, the mortgage to be void. And this is the only question of dispute in the case.
The constitution of the Cherokee Nation provides: “The lands of the Cherokee Nation shall remain common property; but the improvements made thereon, and' in the possession of the citizens of the nation, are the exclusive and…
2Cases cited3 opinions
- Dowell v. MitchellSupreme Court of the United States · 1882
- Hannah v. CarringtonSupreme Court of Arkansas · 1856
- In re GraysonCourt Of Appeals Of Indian Territory · 1901
3Cited by1 opinion
- Hampton v. MaysCourt Of Appeals Of Indian Territory · 1902